
Class 
Book 



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Copyright^ . 



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COPYRIGHT DEPOSfR 



Illinois and the Nation 



A PRACTICAL TREATISE ON STATE AND NATIONAL CIVICS 



By OLIVER R. TROWBRIDGE 
Member of the Bloomington Bar 



*$ 



Edited by 
GILBERT P. RANDLE 

Superintendent of Schools 
Danville, Illinois 



A. FLANAGAN COMPANY, CHICAGO 



COPYRIGHT 1887, 1889, 1912, 1915 BY OLIVER R. TROWBRIDGE 



■■> 



A/ 



°-<H 



FORTY-NINTH EDITION, 1915 

APR a** 397783 



PREFACE 

The State of Illinois cannot afford to expend $40,000,- 
000 a year for educational purposes unless her schools 
prepare their pupils for good citizenship. In these days 
it is not enough that our youths should become honest, 
industrious, and law-abiding citizens. They must be 
educated in the elementary principles and practical 
workings of our republican form of government. Igno- 
rance in regard to these matters is far too prevalent 
among our people. New questions, such as concern the 
civil service, direct legislation, proportional representa- 
tion, and kindred subjects constantly arise and must be 
met in a practical way. Unless the people understand 
the present machinery of our government, they can 
judge neither of its merits and demerits, nor of those of 
any proposed alteration. 

This book was written in the hope of promoting the 
study of the governments of Illinois and the nation, and 
of hastening the time when Civil Government, or Civics, 
should be added to the list of required studies for our 
common schools. This hope, first expressed by the 
author in 1887, has been realized in the amendment to 
our school laws in 1905 making Civics and the History 
of Illinois common school studies. 

OLIVER R. TROWBRIDGE 



EDITOR'S PREFACE 

It is not without some hesitation that I have under- 
taken the revision of this deservedly popular work. For 
more than two decades Illinois and the Nation has been 
the most helpful as well as the most widely read text on 
Civil Government offered to the schools of Illinois. 
Since the book was first issued there have been many 
changes in legislation, but Mr. Trowbridge has always 
kept his work thoroughly revised. 

While the great principles of government remain 
unchanged, the adoption of the sixteenth and seven- 
teenth amendments to the national Constitution, together 
with such marked changes in our state government as 
the establishment of the Board of Administration, the 
Public Utilities Commission, and the State Highway 
Commission, and the passage of the Woman's Suffrage 
Act, have called for another complete revision. In this 
revision practically all of Mr. Trowbridge's excellent 
work has been retained. The editor cannot hope that all 
errors have been avoided. He will be grateful for any 
information which will assist in correcting any error of 
statement. 

GILBERT P. RANDLE 



SUGGESTIONS TO TEACHERS 

In the words of the author, "Unless the people 
understand the present machinery of our government 1 , 
they can judge neither of its merits nor demerits, nor of 
those of any proposed alteration." The author has so 
organized his subject matter that the teacher has ready 
at hand an abundance of material for the acquiring of 
knowledge as to the machinery of government — local, 
state, and national. So far as possible the author has 
gone into the theory, of government. The teacher is a 
necessary supplement to any text-book. Perhaps no 
teacher will want to use all the material here offered. 
Certainly no one will want to have all matter of detail 
memorized. The teacher must decide what portions of the 
book are most necessary for her use. To assist in mak- 
ing this decision the book has been divided into Part 
One — containing the material most likely to be used in 
all of the schools; and Part Two — containing supple- 
mentary material for reading or further study; and the 
Appendix — containing the Constitution of Illinois and 
the Constitution of the United States. 

Throughout Part One questions for study, outlines 
and tables have been placed. These are a necessary 
means — not an end. 

Try to bring this study home to the pupil by giving 
him questions to look up outside of the class — such as 
"Who is the mayor? By whom elected? For how long? 
If he is not a good official how does that affect you?" 



viii ILLINOIS AND THE NATION 

Go through the form of holding a Presidential election, 
a meeting of the city council, and a nominating con- 
vention. 

Above all, remember the pupil likes a subject which is 
definitely presented to him. Some teachers are afraid 
to assign work which requires a definite statement of 
fact for the answer. Do not make this mistake. When 
a pupil has made a topical recitation follow this by sim- 
ple direct questions to test not only what he knows, but 
how he knows it and what use he can make of this 
knowledge. Remember that every subject has its own 
vocabulary and that a pupil never becomes proficient in 
a subject until the peculiar vocabulary of that subject is 
at his command. Have pupils keep lists of the new 
words or words used in new meanings, and frequently 
review these words by using them in short, pointed sen- 
tences until their use becomes easy. For illustration: 
executive, ex post facto, enactment, habeas corpus, enact- 
ing clause, jurisdiction, electoral, etc. 

After a chapter has been studied, test for the main 
facts by using a series of questions which may be 
answered by a single word or phrase — as: 

1. What official is the chief executive of the state? 

2. Who presides over the House of Representatives? 

3. How many senatorial districts are there in Illinois? 

4. In what congressional district do you live? 

Frequently review in this way, being careful to 
change the form and order of your questions. 



CONTENTS 

PART ONE 

PAGE 

Historical Sketch i 

CHAPTER 

I. The Township Survey System 4 

II. State Government 13 

III. The Divisions of the State 49 

IV. County Government 54 

V. Town Government 66 

VI. City and Village Government 79 

VII. Commission Form of Municipal Government ... 84 

VIII. Public School System 90 

IX. Miscellaneous * .... 108 

X. National Government 116 

PART TWO 

For Additional Reading or Study 181-214 

State Educational Institutions — State Charitable Institutions 
— Illinois Central Railroad — Illinois and Michigan Canal — 
State Boards and Commissions — State Officers Appointed by 
the Governor — The Constitutional Convention — Table of 
Electoral Districts — Maps. 

APPENDIX 

Constitution of Illinois 217 

Constitution of the United States 262 



ILLUSTRATIONS 

PAGE 

The State Capitol, Springfield Frontispiece 

The Senate Chamber, Springfield . 14 

The Assembly Chamber, Springfield 28 

Illinois Supreme Court Building, Springfield 42 

Illinois State Normal University, Normal 92 

Eastern Illinois State Normal School, Charleston . . • . 100 

Northern Illinois State Normal School, De Kalb .... 108 

The United States Capitol, Washington, D. C 126 



maps 

Illinois — County Boundaries and Population, 1910 .... 211 

Illinois — Congressional Districts 212 

Illinois — Senatorial Districts 213 

Illinois — Judicial Circuits 214 



ILLINOIS AND THE NATION 



ILLINOIS AND THE NATION 

PART ONE 



CIVIL GOVERNMENT OF ILLINOIS 

HISTORICAL SKETCH 

Northwest Territory. At the close of the Revolution- 
ary War, nearly every state claimed that its western 
boundary was the Mississippi River. But very soon New 
York, Virginia, Connecticut, and Massachusetts gave 
that part of their territory lying north of the Ohio River 
and west of Pennsylvania to the United States to assist 
in paying the debt incurred by the Revolution. 

In 1787, Congress formed the territory received from 
these states into the Northwest Territory, and after sur- 
veying it, sold it as public land. 

When did the Revolutionary War close? What 
states reserved a part of their western territory? What 
were the reserved territories, and what were they called ? 

Indiana Territory. In 1800, the Northwest Territory 
was divided, and Indiana Territory was formed of the 
western part. It included all the Northwest Territory 
except the present State of Ohio and a small part of 
Indiana and of Michigan. 

Illinois Territory. In 1809, Indiana and Michigan 
territory having been taken out, the remainder was 
called the Illinois Territory. It included Illinois, Wis- 
consin, and part of Minnesota. 

i 



2 ILLINOIS AND THE NATION 

State of Illinois. In 1818, Illinois was admitted as a 
state. 

Capitals. Illinois has had three capitals. The first, 
Kaskaskia ; the second, Vandalia ; the third, Springfield. 
Locate each. 

Constitutions. Illinois has had three constitutions 
also. The first was adopted in 1818, the second in 1848, 
and the third in 1870. The last one forms the basis of 
our study. 

Boundary. The constitutional or legal boundary of 
a state may differ from its geographical boundary. Let 
us take a journey together, following the legal boundary 
line of Illinois. 

Starting at the point where parallel of latitude 42 
degrees 30 minutes N. crosses the middle of the Missis- 
sippi River, we follow this parallel eastward until it 
intersects the meridian which marks the middle of Lake 
Michigan ; then south on this meridian until we reach 
the northern boundary of Indiana, which we follow west- 
ward until we come to the meridian passing through 
Vincennes, Indiana ; we then go south on this meridian 
until we come to the middle of the Wabash River; we 
follow the middle of this river until we come to its junc- 
tion with the Ohio River, at which place we are obliged 
to change to the northwest bank of the latter, which we 
follow down stream to the Mississippi River; then, fol- 
lowing the middle of the "Father of Waters," we com- 
plete our journey by ascending to the point of starting. 

Trace this journey on a map. 

When countries or states are separated by lakes or 
navigable rivers, the middle of the lake or stream is 
usually the boundary line. 

The Northwest Territory had for its southern bound- 
ary the northern side of the Ohio River at low water 



HISTORICAL SKETCH 3 

mark, and the states formed from it all have the same 
for their southern boundaries. 

Rapidly sketch an outline map of the old Northwest 
Territory. Bound that territory. What states have been 
formed from it? 



CHAPTER I 

THE TOWNSHIP SURVEY SYSTEM 

How Land Is Divided 

Need of a Survey System. In order that we may 
understand what is to follow, we must now learn about 
the township system of land surveys in the United States. 

Prior to 1786 the land surveys were by no means uni- 
form. In that year Congress adopted a new system of 
which Thomas Jefferson is said to have been the author. 

A good system of surveys must divide the land into 
tracts of convenient shape and size, and must briefly and 
accurately designate each tract, however small. Let us 
first learn how the land is divided ; second, how described. 

Principal Meridian. The surveyors begin by estab- 
lishing a north and south line which passes through some 
prominent and convenient point. Of course the line is a 
meridian of the earth's surface, and since the surveyors 
use it as their principal north and south line, it is called 
a principal meridian. 

Base Line. A line which crosses the principal me- 
ridian at right angles at some convenient point is then 
established, and is called a base line. 

Township Lines. Meridians six miles apart on each 
side of the principal meridian, and parallels six miles 
apart on each side of the base line are then established. 
These are called township lines. 



THE TOWNSHIP SURVEY SYSTEM 5 

Congressional Townships. The squares inclosed by 
the township lines are called congressional townships. 

We need not stop for all the particulars of the survey. 
By consulting the following diagram, we can understand 
the main features of the system : 















P 
















G 




L 






















































i 1 1 


























i 1 1 1 




c 
























1 1 






















































































































* 














B 
































h 










































t 


























































C 
























I 
























































1111-11 




































I 1 





M 



M 



DIAGRAM I 



The heavy vertical line marked P M represents a part 
of a principal meridian. It is crossed at right angles by 
a heavy line marked B L representing a part of its base 
line. The light vertical lines which cross the base line, 
and the light lines parallel to the base line represent 
township lines; the squares inclosed represent congres- 
sional townships. 



ILLINOIS AND THE NATION 



Sections and Section Lines. Each township is divided 
into sections, each one mile square. They are represented 
in Diagram II. The lines bounding sections are called 
section lines. 

Division of Sections. Each section is divided into 
halves, quarters, eighths, and sixteenths. The surveyors 
that mark the township do not survey the section 

Each section contains approximately 640 acres. Since 
its east and west boundaries are meridians it is evident 
that on account of the convergence of these meridians 
as they approach the poles, a section is not a perfect 
square. Hence it frequently does not contain exactly 
640 acres. 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



DIAGRAM II 

How many acres in each subdivision of a section? 
How many acres in a township? What is meant by the 
"convergence of meridians"? See your geography. 

Correction Lines. It will also be seen that the me- 
ridians which bound the townships are six miles apart 
only at the base line. 

Since north of the base line the meridians approach 
each other, if no corrections were made, the townships 
would become smaller and smaller the farther they were 



THE TOWNSHIP SURVEY SYSTEM 7 

from the base line. To remedy this in this latitude, cor- 
rection lines are established every twenty-four miles 
north of the base line, and every thirty miles south of it. 

Double Corners. The convergence north, or diverg- 
ence south of the base line is taken up on the correction 
lines, and the townships start again with their proper 
width. Both township and section lines have double 
corners at the correction lines. They are called closing 
corners and standard corners. 

Which are the closing corners? Which the standard? 
Why are the correction lines farther apart south of the 
base line than north of it? Why do the meridians "jog" 
in opposite directions on opposite sides of the principal 
meridian? 



H 


H 


M 


A 


* 



DIAGRAM III 



Guide Meridians. Every fifty-four miles east and 
west of the principal meridian a new meridian is estab- 
lished, and is called a guide meridian. Can you deter- 
mine from Diagram I why it is established? 

The loss in width from convergence at any correction 
line near latitude 42 degrees N. is about twelve rods for 
each township. Therefore the "jog" of the first township 
line east or west of the principal meridian is about twelve 



8 ILLINOIS AND THE NATION 

rods; the second township line, twenty-four rods; the 
third, thirty-six, etc. The "jog" at the ninth township, 
or fifty-fourth section line, is about one hundred and 
eight rods. Diagram I will show how the guide meridian 
is used in correcting the survey. Neither guide meridians 
nor correction lines were used in the early surveys. 

Location of Principal Meridians. The First Principal 
Meridian forms the boundary between Ohio and Indiana. 
The Second Principal Meridian begins on the Ohio River 
at the mouth of Little Blue Creek and extends north 
through the central part of Indiana. The Third Prin- 
cipal Meridian extends north from the mouth of the 
Ohio River through the central part of Illinois. Its base 
line crosses it at the northwest corner of Jefferson County 
and is the continuation of the base line of the Second 
Principal Meridian. The Fourth Principal Meridian 
begins at the mouth of the Illinois River and extends 
north to Lake Superior. Its base line crosses it at 
Beardstown. Two other principal meridians, the Fifth 
and Sixth, are numbered. They are both west of the 
Mississippi River. The other principal meridians are 
named, not numbered. 

How Land Is Described 

Basis of Description. In order accurately to locate a 
place, its position must be described with reference to two 
lines that intersect at right angles. 

Locate a few places on the earth's surface by giving 
their latitude and longitude. What two lines are used in 
locating each? Locate the desk of one of the pupils. 
Suppose it is the fifth desk in the third row from the left 
side of the room, what two lines are used in locating it? 

Townships. In the first place the townships are num- 
bered in order north and south of the base line. Thus the 



THE TOWNSHIP SURVEY SYSTEM 9 

township marked * in Diagram I is called Township 1 
North ; the one marked f is Township 3 South. But 
these descriptions are not sufficiently accurate, as all 
townships east and west of these two are numbered just 
as they are with reference to the base line. 

Ranges. With reference to the principal meridian the 
townships are not numbered separately east and west, 
but are considered in rows, or ranges, as they are called= 
All townships immediately east of the principal meridian 
are in Range 1 East; the townships immediately east of 
these are in Range 2 East, etc. 

The township marked * in Dnagram I is completely 
described as Township 1 North, of Range 4 East of the 
given principal meridian ; the township marked f , as 
Township 3 South, of Range 4 West of the given prin- 
cipal meridian. 

Study the diagram until you can describe accurately 
any township or locate it when its description is given. 

Survey of Illinois. Illinois is surveyed partly from 
the Second, partly from the Third, and partly from the 
Fourth Principal Meridian. 

South of the middle of Kankakee County the ranges 
are numbered east from the Third Principal Meridian to 
Range XI ; north of this line they are numbered east to 
the state line. The ranges number west from this me- 
ridian to the Mississippi and Illinois rivers, except those 
numbered from the Fourth Principal Meridian. The 
ranges in Illinois east of Range XI are numbered west 
from the Second Principal Meridian. Range XI East is 
a range of fractional townships. 

That part of Illinois lying west of the Illinois River 
and west of that part of the Third Principal Meridian 
which is north of the Illinois River, is surveyed from the 
Fourth Principal Meridian. 



10 ILLINOIS AND THE NATION 

No school in the state should be without a map of 
Illinois showing the counties, principal meridians, base 
lines, ranges, lines, townships, and the manner in which 
they are numbered. Any Chicago dealer in school sup- 
plies can furnish such a map, mounted for wall use, for 
from one to two dollars. 

Sections. The sections of a township are numbered 
from east to west and from west to east alternately, 
beginning at the northeast corner of the township. A 
careful study of the second diagram will make this clear. 
Be able to reproduce this diagram, as well as the others, 
from memory. 

School Sections. Instead of selling all the sections of 
a township as public land, the United States government 
set apart Section 16 for the maintenance of public 
schools. Since 1852, Sections 16 and 36 have been given 
for school purposes. Such sections are usually called 
"school sections." In Illinois each township has but one 
school section. 

Divisions of Sections. Assume the section repre- 
sented by Diagram III to be Section Ten in Township 6 
North, of Range 3 West of the principal meridian. Then 
the half-section shown is described as 'the north one-half 
of Section Ten in Township 6 North, of Range 3 West of 
the Third Principal Meridian, containing 320 acres more 
or less;" the quarter section, as "the southeast quarter 
of Section Ten," etc. ; the one-eighth, as "the north half 
of the southwest quarter of Section Ten," etc. ; the one- 
sixteenth, marked *, as "the southeast quarter of the 
southwest quarter of Section Ten," etc. 

Give a full description of each subdivision of the sec- 
tion represented in the following diagram. 

Abbreviations Used in Describing Land. Descrip- 
tions may be abbreviated. Thus the tract marked * may 



THE TOWNSHIP SURVEY SYSTEM 



11 



be described as N. E. y A of the N. W. J4, Sec. 10, T. 6 N., 
R. 3 E. of the 3d P. M. Write the abbreviations for 
each of the divisions given below: 



# 

, t 



DIAGRAM IV 



In tax receipts, delinquent tax lists, etc., the descrip- 
tions are still further abbreviated. The only fractions 
used in the descriptions are one-half and one-fourth. 
Since one-fourth occurs much more frequently than one- 
half, the writing of the former is omitted, being under- 
stood when no fraction is given. The full description is 
still further abbreviated by omitting all punctuation 
marks ; and in printed lists, small letters are used instead 
of capitals. Thus the tract marked * is described as 
"ne nw"; the tract marked f, as "wy 2 se." 

In this way describe all the tracts given and be able to 
locate any tract from such description. Examine some 
real estate tax receipts and, if possible, a delinquent tax 
list as published in the county papers. 

It is important that the words principal meridian, 
base line, correction line, etc., have a very definite mean- 
ing to the pupil. 



12 ILLINOIS AND THE NATION 



Questions and Topics for Study 

i. (a) What is meant by principal meridian? (b) By base 
line? 2. Tell how a township is divided into sections and how 
the sections are numbered. 3. (a) How many principal merid- 
ians are there? (b) Are they all numbered? 4. Is it necessary 
for the exact description of land that the state and county be 
given? 5. (a) Draw a line to represent a principal meridian, 
and a parallel to represent a base line, and then indicate location 
of your own township, (b) Locate other townships of your 
county. 



CHAPTER II 
STATE GOVERNMENT 

Three Departments. As in the nation, so in the state, 
there are three departments of government: The legis- 
lative, executive, and judicial. The first makes the laws, 
the second executes the laws, the third interprets the 
laws and decides disputes arising under them. 

The three departments, however, are not entirely 
distinct. The governor, an executive officer, has the 
power to veto all laws passed by the legislature. The 
legislature has judicial power in cases of impeachment 
and executive power in confirming appointments made 
by the governor. The judiciary have a form of executive 
power in compelling men to obey the laws and officers 
to perform their duties, as in cases of mandamus. 

Legislative Department 

The State Legislature. The law making body of 
Illinois is the General Assembly, which consists of two 
Houses : The Senate, or "Upper House," and the House 
of Representatives, or "Lower House." The General 
Assembly is commonly known as the "legislature." 

How Designated. The different General Assemblies 
are designated by number, as the First General Assem- 
bly, the Thirty-eighth General Assembly, etc. Each 

13 



14 ILLINOIS AND THE NATION 

General Assembly lasts two years, and in that time holds 
but one regular session. What is the number of the 
present General Assembly? Has it held its regular 
session? 

Time and Place of Meeting. The General Assembly 
holds its regular session at Springfield every two years, 
the sessions commencing at twelve o'clock noon on the 
Wednesday next after the first Monday of January of 
the odd numbered years. 

Senatorial Districts. Every ten years, at the first ses- 
sion after the taking of the census, the General Assembly 
divides the state into fifty-one senatorial districts. These 
districts must contain as nearly as practicable the same 
number of inhabitants, must be formed of contiguous and 
compact territory, and- be bounded by county lines. But 
a county containing not less than one and three-fourths 
of the senatorial ratio may be divided into separate dis- 
tricts according to the number of times it contains the 
ratio. No district can contain less than four-fifths of 
the senatorial ratio. The senatorial ratio is found by 
dividing the number expressing the population of the 
state by fifty-one. 

The districts are numbered from one to fifty-one. In 
what district do you live? 

Number of Senators and Representatives. One Sen- 
ator and three Representatives are elected from each 
senatorial district. How many members are there in 
each house? 

Election of Members. Members of the General As- 
sembly are elected on the Tuesday next after the first 
Monday of November of the even numbered years. At 
every election all of the members of the next Lower 
House are elected, and half the members of the next 
Senate, the Senators from the even numbered districts 



STATE GOVERNMENT 15 

being chosen at one election, and those from the odd 
numbered at the next. Because half of its members 
"hold over" at each session, the Senate is sometimes 
called the "permanent" house of the General Assembly. 
Were the Senators chosen at the last election from the 
odd or even numbered districts? 

Vacancies. When a vacancy occurs in either house, 
if the legislature is in session, or if there will be a session 
before the next regular election of members to the Gen- 
eral Assembly, the Governor orders a special election in 
the district affected to fill the vacancy. If the vacancy 
does not occur under these conditions it is not filled until 
the next regular election. 

Minority Representation. There are three members 
of the Lower House elected at the same time in every 
senatorial district. Every voter has the right to vote 
for the three men, giving each one vote ; for two men, 
giving to each one and a half votes ; or for one man, 
giving him three votes. A voter may also give two votes 
to one man and one to another, or distribute his votes in 
two or three other ways, but he is not likely to do so. 
By this plan the party in the minority can usually elect 
one man by having but one candidate and giving him all 
the votes. How large must the minority be to elect one 
man? 

Usually the party in the majority nominates two can- 
didates, and the one in the minority nominates one 
candidate. In this case a nomination is equivalent to an 
election unless a second minority party develops unex- 
pected strength in voting for a single candidate. When 
two parties are nearly equally strong each one may nom- 
inate two candidates. In this case, the friends of one 
candidate will give three votes for their favorite, instead 
of one and a half for each candidate on the ticket. This 



16 ILLINOIS AND THE NATION 

is called "plumping," and may sacrifice party to personal 
interests. 

In 1870, by a special vote, the section of the Consti- 
tution relating to minority representation was adopted. 
What are its advantages? Its disadvantages? Do you 
know of any other state that has minority representation? 

Term of Members. The members of the Lower House 
are elected for two years, and those of the Upper House 
for four years. 

Eligibility of Members. Senators must be twenty- 
five, and Representatives twenty-one years of age. Both 
must be citizens of the United States, residents of the 
state five years, and of their respective districts the two 
years preceding their election. 

Neither Senators nor Representatives can hold any 
office under the state, the United States, or any foreign 
government, excepting appointments in the militia, and 
the offices of notary public and justice of the peace. 

No person can be a Senator or Representative after he 
has been convicted of bribery, perjury, or other infamous 
crime, or after he has failed to account for and pay over 
all public moneys collected or held by him at any time. 
The laws of Illinois name the crimes which are "infa- 
mous" in this state. 

What is bribery? What is perjury? 

Oath of Members. In addition to the usual oath of 
office, every Senator or Representative is required to 
swear (or affirm) that he has not paid anything, or made 
any promise in the nature of a bribe, to influence any 
vote at the time of his election ; and that he has not 
received, and will not accept, anything from any cor- 
poration or person for any vote or influence he may give 
or withhold on any bill, resolution, or appropriation, or 
for any official act. 



STATE GOVERNMENT 17 

The oath is subscribed by each member, and is filed in 
the office of the Secretary of State. If any member 
should refuse to take the oath as prescribed by the Con- 
stitution, he would forfeit his office. 

What is it to subscribe an oath? 

Privileges of Members. Senators and Representa- 
tives are privileged from arrest in all cases except trea- 
son, felony, or breach of the peace, during the session of 
the General Assembly, and in going to and returning 
from it. 

Treason is defined in the third article of the Constitu- 
tion of the United States. (See appendix.) 

In Illinois a felony is an offense punishable with death 
or with imprisonment in a penitentiary. 

What is a breach of the peace? 

No member of either house can be called to account 
at any other place for any speech or debate made in the 
house to which he is elected. This gives freedom of 
speech. A similar provision is found in the national 
Constitution. 

Disabilities of Members. No Senator or Representa- 
tive can be appointed by the Governor, with or without 
the consent of the Senate, to any civil office within the 
state during the term for which he is elected. 

Members of the General Assembly cannot be inter- 
ested in any contract with the state, or with any county, 
which is authorized by any law passed while they are 
members, or for one year after their terms have expired. 

What reasons can you give for these disabilities ? 

Salary of Members. Members of the General Assem- 
bly elected in 1908, or thereafter, receive for their services 
$1,000 per annum, payable annually, and ten cents for 
each mile necessarily traveled in going to, and returning 
from, Springfield. The mileage is computed by the 



18 ILLINOIS AND THE NATION 

auditor of public accounts. Fifty dollars per session is 
allowed each member for stationery, postage, newspa- 
pers, and other incidental expenses. Both the pay and 
the mileage allowed each member are certified to by the 
presiding officer of his house, and, having been entered 
upon the journal, are published at the close of the 
session. 

The pay of members can be changed, but not for those 
elected for the term in which the change is made. 

Quorum. A majority of the members elected to each 
house constitutes a quorum. 

What is a quorum? 

Rules. Each house determines the rules of its own 
proceedings. 

When the legislature meets, one of the first things 
that demands the attention of each house is the rules 
that are to govern its proceedings. Usually upon motion 
of some member, the rules of the last Senate or House, 
as the case may be, are adopted temporarily, and a com- 
mittee on permanent rules is appointed. This committee 
soon reports, giving the proposed rules in detail. The 
rules as reported by the committee are discussed, perhaps 
amended, and adopted. Some book on parliamentary 
practice, as Cushing's Manual or Roberts' Rules of Order, 
is then adopted as authority in all questions not touched 
upon by the rules adopted. 

Membership. Each house is the judge of the elec- 
tions, qualifications, and returns of its own members. 

It sometimes happens that two men claim election as 
Senator, or four as Representatives, from the same dis- 
trict. In such cases those having the proper certificates 
of election signed by the Governor are usually seated 
until the proper house can investigate the matter and 
decide between the contestants. The houses are not 



STATE GOVERNMENT 19 

always impartial judges in cases of contested elections 
of their respective members, sometimes permitting poli- 
tics to influence their vote. But it is thought that no 
other body should decide these cases. 

Certificates of election are called "credentials." 

After every election for members of the General 
Assembly, all county clerks make abstracts of the elec- 
tion in their respective counties, showing the number of 
votes received by each candidate. The abstracts are 
called the "returns" of the election, and may be ques- 
tioned as to their genuineness or accuracy. 

The Secretary of State, Auditor, Treasurer, Attorney- 
General, or any two of them, in the presence of the 
Governor, examine and count all the returns, and publish 
the result of the election. 

Officers, How Chosen. Each house chooses its own 
officers. 

Officers of the House. The usual officers of the 
House are speaker, clerk and three assistants, door- 
keeper and three assistants, postmaster and one assist- 
ant, enrolling and engrossing clerk and two assistants. 
The speaker is a member of the House. 

Officers of the Senate. The usual officers of the 
Senate are president, president pro tempore, secretary 
and two assistants, sergeant at arms, postmaster and one 
assistant. 

Speaker. It is the duty of the speaker to preside over 
the House, to sign all bills passed by the House, to 
appoint the standing committees and most of the special 
committees. 

Committees. There are about forty-five standing 
committees of the House, each consisting of from three 
to twenty- five, or more, members. Usually a majority of 
each committee are members of the same political party 



20 ILLINOIS AND THE NATION 

as the speaker. The chairman of the committee is named 
in the appointment. 

All measures concerning the state's finances are re- 
ferred to the Committee on Finance. It examines them 
separately, and reports on them to the House. In the 
same way, measures concerning matters of education are 
referred to the Committee on Education. Every bill is 
considered by its appropriate committee. Only slight 
changes to the reports of committees are usually made 
by the legislature, so the committees practically control 
the legislature. For this reason chairmanships of impor- 
tant committees are much sought after by the friends of 
the speaker. 

President of the Senate. The duties of the president 
of the Senate are about the same as those of the speaker. 
He is elected by the people under the title of Lieutenant- 
Governor, and is not a member of the Senate. He has no 
vote, except when the Senate is evenly divided. The 
speaker is always a member of the House, and, as such, 
has a vote on all questions. Many people think that if a 
member of a body is chosen chairman he has no vote 
except in case of a tie. This is a mistake. If the chair- 
man be a member of the body over which he presides, 
his right to vote on any question is just the same as 
though he were not chairman. 

President Pro Tempore. The president pro tempore 
is a member of the Senate who is chosen to preside in 
the absence of the president; he does not lose his right 
to vote. 

Clerk and Secretary. The clerk of the House and the 
secretary of the Senate perform similar duties for their 
respective houses. They read the proceedings of the pre- 
vious day, call the roll, read bills, resolutions, and keep a 
record of the proceedings from day to day. The clerk 



STATE GOVERNMENT 21 

is required to furnish the state printer with an exact copy 
of each day's proceedings, so that a copy of the proceed- 
ings of the preceding day may be placed upon the desk 
of each member every morning. 

Doorkeeper and Sergeant at Arms. The doorkeeper 
of the House and the sergeant at arms of the Senate 
serve the processes, execute the orders of their respective 
houses, maintain order among the spectators, and pre- 
vent the interruption of business. They may arrest, with 
or without a warrant, any person guilty of any breach of 
the peace or crime in or about the State House and its 
grounds. 

The doorkeeper of the House announces the secretary 
of the Senate and the private secretary of the Governor 
when they wish to deliver communications and mes- 
sages; he also announces the Senate when that body is 
to convene with the House in joint session. 

Enrolling and Engrossing Clerk. This officer prop- 
erly engrosses all bills and resolutions when ordered to 
do so by the House. When a bill originates in the 
House and is passed by both the House and the Senate, 
he enrolls it before it is laid before the Governor for his 
approval. 

Postmasters. The postmasters receive the mail for 
the members of their respective houses from the govern- 
ment postoffice and distribute it into the boxes of the 
members at the postoffice of the General Assembly. 

Other Officers. Sometimes the House has a reading 
clerk, and the Senate a bill clerk, whose duties may be 
inferred from their titles. The president and speaker 
have each a private secretary. 

Employees. Besides the officers, there are several 
employees. There are about twenty clerks of commit- 
tees ; also a number of policemen and pages. The pages 



22 ILLINOIS AND THE NATION 

are boys who wait upon the members, and carry mes- 
sages for the speaker and president. Sometimes girls 
serve as pages. Each house may employ a chaplain. 

Organization of the House. The Secretary of State 
calls the House of Representatives to order at the open- 
ing of each new General Assembly, and presides until a 
temporary speaker has been chosen and has taken his 
seat. Since none of the Representatives hold over from 
the last session, no one of the members present is author- 
ized to call the House to order. 

Immediately after the House is called to order by the 
Secretary of State, prayer is offered, and the roll of the 
House is called. The House then proceeds to elect a 
temporary speaker and other temporary officers. After 
the members have taken the oath of office, they decide 
what officers and employees the House shall have, and 
proceed to elect the former. The employees are nearly 
all appointed by the speaker after his election. 

Expulsion of Members. No member can be expelled 
from either house except by a vote of two-thirds of all 
the members elected to that house, and no member can 
be twice expelled for the same offense. Members are 
expelled only for the most serious offenses. 

How many votes are necessary to expel a Senator? 
A Representative? 

If a member should be expelled, and his constituents 
should return him, he could not be expelled a second time 
for the same offense. 

Contempt. Each house may punish by imprisonment 
any person, not a member, for disrespect to the house, or 
for disorderly or contemptuous behavior in its presence. 
But no person can be imprisoned more than twenty-four 
hours at one time, except for persisting in his objection- 
able conduct. 



STATE GOVERNMENT 23 

Open Doors. The doors of each house, and of com- 
mittees of the whole, must be kept open except in cases 
when, in the opinion of that house, secrecy is required. 

Can you think of a case that would require secrecy in 
either house? 

Committee of the Whole. Sometimes, instead of re- 
ferring the matter to a committee, the whole house forms 
itself into a "committee of the whole," and takes up the 
matter as a committee. When through with the subject, 
it reports to the house. 

When a legislative body goes into a committee of the 
whole, the regular chairman takes his place among the 
members, and some one else is appointed chairman of 
the committee. When the committee rises to report, the 
regular chairman takes his place again, and receives the 
report of the committee through its chairman. 

Adjournment. Neither house can, without the con- 
sent of the other, adjourn for more than two days or to 
any other place than that in which the two houses are 
sitting. 

It sometimes happens that one house is largely of one 
party and the other house of another. In such cases 
either house could delay and defeat the measures of the 
other by adjournments, were these not restricted. 

Journals. Each house keeps a journal of its proceed- 
ings, which is published for distribution. Did you ever 
see a copy of the journal of either house? Get one and 
examine it. The Secretary of State will send these 
journals by express, but may not pay the express 
charges. Your county clerk may be able to supply you 
with a copy. 

Yeas and Nays. In the Senate, at the request of two 
members, and in the House, at the request of five mem- 
bers, the yeas and nays are taken on any question and are 



24 ILLINOIS AND THE NATION 

entered upon the journal. The clerk calls the roll of the 
house, every member votes yea or nay on the question, 
and his vote is recorded and published in the journal. 
What are the advantages of this? 

Protest of Members. If any two members of either 
house wish to protest against or dissent from any action 
or vote they think injurious to the public or to any 
person, they are at liberty to do so in respectful language, 
and have their reasons entered upon the journal. 

Style of Bills. All laws of this state begin as follows : 
Be it enacted by the people of the State of Illinois, repre- 
sented in the General Assembly. This is called the "enact- 
ing clause." Without this a law would be void. 

Where Bills May Originate. Bills may originate in 
either house, but may be changed or rejected by the 
other. 

Final Passage of Bills. On the final passage of all 
bills the votes are taken by yeas and nays and entered 
upon the journal. 

Bills Voted upon Separately. The final vote is taken 
upon each bill separately. 

Vote Necessary. No bill becomes a law unless it re- 
ceives the vote of a majority of all the members elected 
to each house. How many votes must a bill receive in 
the Senate? In the House? 

Three Readings Necessary. Every bill must be read 
at large on three different days in each house. 

Bills Must Be Printed. Every bill and all its amend- 
ments must be printed before the last vote is taken upon 
it. The printed bills are distributed among the mem- 
bers, a copy of each bill being placed in the postoffice box 
of every member. No member can explain away or 
excuse his vote by saying he did not know exactly what 
the bill was about. 



STATE GOVERNMENT 25 

Signatures Necessary. After it has passed both 
houses a bill must be signed by the president of the Sen- 
ate and by the speaker before it is presented to the 
Governor. 

Only One Subject. No act can embrace more than 
one subject, and that must be expressed in its title. If 
any bill embraces a subject which is not expressed in its 
title, the part relating to this subject is void, but the 
remainder of the bill remains in force. 

When there was no limitation to the number of sub- 
jects that might be included in any bill, it was a common 
practice to put several subjects into one bill and then 
force members to vote for the objectionable parts in 
order to secure the passage of the rest of the bill. 

Every bill has a title, thus: "An act to establish and 
maintain a system of free schools." "An act to revive the 
law in relation to township organisation" 

Laws Revived or Amended. No law can be revived 
or amended by reference to its title only ; the act revived 
or amended must be given in full in the new act. It is 
easy to see that all these conditions tend to prevent 
careless and evil legislation. 

What is it to repeal a law? To revive a law? To 
amend a law? 

When Laws Take Effect. An act of the General 
Assembly takes effect upon the first day of July next 
after its passage, unless in case of emergency. In such 
a case the act must receive a two-thirds vote of all the 
members elected to each house, and must have the emer- 
gency stated in some part of the act. The "emergency 
clause," as it is called, is usually at the end of the act, 
and reads as follows: "Whereas an emergency exists 
(sometimes the emergency is stated), this act shall take 
effect and be in force from and after its passage." 



26 ILLINOIS AND THE NATION 

As a rule, laws should not take effect for some time 
after their passage, in order that the people may learn of 
them, and adjust themselves and their affairs to the new 
conditions. 

The Governor's Veto. When a bill is passed by both 
houses, it is sent to the Governor for his signature. If he 
wishes the bill to become a law, he signs it, and so makes 
it a law. But if he does not wish it to become a law, 
he does not sign it, but sends it back to the house in 
which it originated. With it he sends his objections, 
which are written in the journal of this house, and the 
bill is again taken up. This time, in order to pass, it 
must receive the vote of two-thirds of the members 
elected. If it receives this vote in the house to which 
it is returned, it is sent, together with the objections of 
the Governor, to the other house. A vote of two-thirds 
of the members elected to this house makes it a law 
without the signature of the Governor. In all such cases 
the vote of each house must be by yeas and nays, and 
be entered upon the journal. 

If the Governor does not return a bill within ten days 
(Sundays not counted) after it is sent to him, it becomes 
a law just as if he had signed it, unless the legislature 
adjourns before the ten days are up, and so prevents its 
return. In this case, if the Governor does not want the 
bill to become a law, he can prevent it by sending his 
objections to the office of the Secretary of State within 
ten days after the legislature adjourns. 

When the Governor neither signs a bill nor returns it 
with his objections within ten days, it is called a "pocket 
veto." 

Try to give a reason for each provision regarding the 
Governor's veto. This will help you to understand the 
matter. 



STATE GOVERNMENT 27 

In the case of the veto power, the Governor, who is 
an executive officer, has something to do with the law- 
making power. His veto power is intended to act as a 
check upon the legislature. 

The word veto means "I forbid." The message con- 
taining the Governor's objections to a bill is called a 
"veto message." 

Special Laws Prohibited. The General Assembly can- 
not pass a special law, or a law relating to some particu- 
lar case when a general law will apply. 

Under the first two Constitutions of Illinois, special 
laws were allowed except in two or three cases, and at 
some sessions they formed the bulk of the laws enacted. 
The session laws of 1857 contain 302 pages of public 
laws, and 1,450 pages of private laws. It must be kept 
in mind that laws upon these subjects are not prohibited, 
but that the laws must be general. 

Why should special legislation be prohibited in each 
of the following cases? 

Changing County Seats. The General Assembly can- 
not locate or change county seats by special laws. 

Since the county seat is the place where the business 
of the county is transacted, the people of the respective 
counties locate and change their county seats. The ques- 
tion is voted upon after due notice has been given. A 
special election is held when the question of a change 
of county seat is voted upon. Why hold an election for 
this purpose only? 

Special Charters Prohibited. The legislature cannot 
now give special charters to cities and villages; neither 
can it amend nor change any charter already given. 

Since 1870 all cities and villages have been incorpo- 
rated under a general law, but before that time most 
cities were incorporated by special laws known as the 



28 ILLINOIS AND THE NATION 

"charters" of the respective cities. If the people of a city- 
are dissatisfied with their charter they cannot have it 
amended, but may vote to give it up and then organize 
under the general law. 

Rate of Interest. No special law can be passed regu- 
lating the rate of interest on money. No person or cor- 
poration can charge a higher rate of interest than that 
authorized by the general law. What is now the highest 
authorized rate? 

Fees of Officers. The General Assembly cannot 
create or change the fees of any public officer during the 
term for which he is elected. 

Special Privileges and Immunities. No special or 
exclusive privilege or immunity can be granted to any 
person or corporation. 

A privilege implies the liberty to do something; an 
immunity implies exemption from some duty, tax, or 
obligation. 

Release of Indebtedness. The General Assembly has 
no power to release any person or corporation from 
indebtedness to the state or to any municipal corpora- 
tion within the state. 

Special laws are prohibited in several other cases, as 
may be found by referring to the Constitution. The 
above cases have been chosen because they relate more 
especially to the other subjects of our study. 

Public Moneys and Appropriations. The General 
Assembly can make no appropriation of money out of 
the treasury in a private law. 

Bills making appropriations for the pay of members 
and officers of the General Assembly, and for the salaries 
of the officers of the state government, must not contain 
provisions on any other subject. Were it not for this 
provision, members, in order to vote for the pay of 



STATE GOVERNMENT 29 

themselves and others, might be obliged to vote for some 
objectionable provision. Such a provision in an appro- 
priation bill is called a "rider." 

No money can be drawn from the treasury unless it 
has been appropriated for the purpose for which it is 
drawn. 

The Treasurer is forbidden to pay out any money 
except on an order issued by the State Auditor. This 
order is called the "auditor's warrant." 

When money has been appropriated for any given 
purpose, or belongs to any particular fund, it cannot be 
drawn or used for any other purpose. 

Within sixty days after the adjournment of each ses- 
sion of the General Assembly, the Auditor must publish 
an itemized statement of all money expended at that 
session. 

Each General Assembly provides for the appropria- 
tion necessary for all the expenses of state government 
for the next two years, or until the end of the first fiscal 
quarter after the adjournment of the next regular session. 
The aggregate amount appropriated cannot be increased 
except by a vote of two-thirds of the members elected 
to each house, and in no case can it exceed the amount 
of revenue authorized by law to be raised within the two 
years. 

All appropriations, general or special, end with the 
first fiscal quarter after the adjournment of the next 
regular session. The fiscal year ends September 30. 

State Indebtedness Limited. The state, in order to 
meet accidental deficits or failures in revenue, may con- 
tract debts which can never exceed in the aggregate 
$250,000. All moneys thus borrowed must be applied 
to the purpose for which they were obtained, and to no 
other purpose. 



30 ILLINOIS AND THE NATION 

No other debts, except for the purpose of repelling 
invasion, suppressing insurrection, or defending the state 
in war, can be contracted unless by a vote of the people. 

Illinois is now virtually out of debt. 

Extra Pay Prohibited. The General Assembly can- 
not grant extra pay or allowance to any officer, agent, 
servant or contractor, after service has been rendered, 
or contract made. However, appropriations may be 
made for expenses incurred in repelling invasion, or 
suppressing insurrection. 

Loan of Credit Prohibited. The state can never pay 
or become responsible for the debts of any person or 
corporation, nor can it in any manner give or loan its 
credit to any such person or corporation. 

Officers Liable to Impeachment. The Governor and 
all civil officers of the state are liable to impeachment 
for any misdemeanor in office. 

It is easy to see that an officer may commit an offense 
for which he is responsible to the state as its servant, 
and to the civil authorities as a citizen. 

Thus, habitual drunkenness on the part of an officer 
would unfit him for the duties of his office, and make 
him subject to impeachment and removal from office. 
He might also be fined for drunkenness. 

Power of Impeachment. The House has the sole 
power of impeachment. Its action in such cases is sim- 
ilar to that of a grand jury in a criminal case, and the 
charges which it prefers are similar to an indictment. 
The House hears the evidence against an officer, and, 
if a majority of all its members so vote, the officer is 
impeached. 

Trial of Impeachment. All cases of impeachment are 
tried by the Senate. 

When an officer has been impeached by the House, 



STATE GOVERNMENT 31 

the Senate hears the evidence for and against him, and 
if two-thirds of the Senators elected so vote, he is con- 
victed of the charge or charges against him. When 
trying cases of impeachment, the Senators are under 
oath, or affirmation, to do justice according to law and 
evidence. The Senate in this case acts as a jury. 

Punishment. The punishment in cases of impeach- 
ment can only extend as far as removal from office and 
disqualification to hold any office of trust or profit in the 
state. After impeachment and conviction as an officer, 
a man is still liable to trial and conviction in the courts 
as a citizen. 

Trial of Governor. When the Governor is tried, the 
Chief Justice of the state presides instead of the Lieuten- 
ant-Governor. This is the case because, if the Governor 
should be convicted and removed from office, the Lieuten- 
ant-Governor would become Governor; he thus might 
be interested in the result of the trial. 

State Contracts. All fuel, stationery, and printing 
paper, furnished for the use of the state, and all printing 
and binding ordered by the General Assembly must be 
let by contract to the lowest responsible bidder. No 
member of the General Assembly, or other state officer, 
can be interested directly or indirectly in any contract. 
All contracts must be approved by the Governor. The 
contracts are large, and there is a popular notion that 
men make a great deal of money out of them. 

State Cannot Be Sued. The State of Illinois can 
never be made defendant in any court of law or equity. 

This provision of our Constitution has a history. 

When the United States Constitution was submitted 
for the ratification of the thirteen states, it contained a 
detailed statement of the power of the national courts. 
Among other things this power was to extend to con- 



32 ILLINOIS AND THE NATION 

troversies between a state and citizens of another state. 
During Washington's first term as President, a citizen 
of South Carolina sued the State of Georgia, and the 
supreme court of the United States decided that the case 
was within its jurisdiction by the terms of the Consti- 
tution. 

The several states, seeing that they were liable to 
numberless suits, caused, through their representatives, 
the proposal of an amendment to the Constitution declar- 
ing that "the judicial power of the United States shall 
not be construed to extend to any suit in law or equity, 
commenced or prosecuted against any one of the United 
States by citizens of another state, or by citizens or sub- 
jects of any foreign state." This amendment was ratified 
by the states, and is known as the eleventh amendment. 

Lotteries Prohibited. The General Assembly has no 
power to authorize lotteries or gift enterprises for any 
purpose, and must pass laws prohibiting the sale of lot- 
tery or gift enterprise tickets in the state. Some states 
have not only allowed lotteries, but have conducted them 
as a means of paying off their indebtedness. 

Term of Office. No law can be passed which shall in 
any way extend the term of any public officer after his 
election or appointment. 

A few years ago a change in the time of electing 
county superintendents was made which brought the 
regular elections at one time five years apart. The super- 
intendents who were elected for four years did not hold 
over the fifth year, but superintendents were appointed 
by the county boards for that year. 

Protection of Miners. The General Assembly must 
pass laws for the protection of miners by requiring the 
construction of escapement shafts, appliances for ventila- 
tion, and other means of safety. 



STATE GOVERNMENT 33 

Drainage. The General Assembly may pass, and has 
passed, laws permitting the owners or occupants of land 
to construct drains across the lands of others, provided 
the drains are for agricultural or sanitary purposes. 

In 1878, an amendment to the state constitution was 
adopted, authorizing the General Assembly to pass laws 
providing for the organization of drainage districts. Such 
laws have been passed. 

The corporate authorities of drainage districts have 
power to construct and maintain levees, drains, and 
ditches by special assessments upon the property bene- 
fited. What is a levee? 

Homestead and Exemption Laws. Liberal home- 
stead and exemption laws must be passed. 

A certain amount of real estate and personal property 
is exempt from seizure for the payment of ordinary debts. 
The word "homestead" relates to real estate. 

The New State House. The Constitution of 1870 
provided that not more than $3,500,000 could be ex- 
pended upon the new State House, unless a majority ol 
the votes cast at a general election, at which the ques- 
tion was submitted, should be in favor of the additional 
expenditure. The additional expenditure asked for by 
the General Assembly was voted upon three times. It 
was carried in 1884. 

Executive Department 

Officers. The executive department of the state con- 
sists of a Governor, Lieutenant-Governor, Secretary of 
State, Auditor, Treasurer, Superintendent of Public In- 
struction, and Attorney-General. 

Term of Office. These officers, with the exception of 
the Treasurer, hold their offices four years. The Treas- 



34 ILLINOIS AND THE NATION 

urer's term is two years, and he cannot hold the office 
two terms in succession. Can you give a reason for 
this ? 

Residence. All of the executive officers, excepting the 
Lieutenant-Governor, must reside at the state capitol 
during their term of office. 

Why is the Lieutenant-Governor excepted? 

Election. An election is held for Governor, Lieuten- 
ant-Governor, Secretary of State, Auditor, Treasurer, 
and Attorney-General on the Tuesday next after the 
first Monday in November of every year in which there 
is an election for President of the United States. There 
is an election for Treasurer and Superintendent of Public 
Instruction on the Tuesday next after the first Monday 
in November in the "off years in politics" — that is, half 
way between the Presidential elections. This arrange- 
ment takes the election of Superintendent of Public 
Instruction out of politics as much as possible without 
having a general election for him alone. A general elec- 
tion is one at which any state officer is elected. 

Returns of Election. The election returns for state 
officers are sealed and sent by the several county clerks 
to the Secretary of State, directed to "The Speaker of 
the House of Representatives." 

Immediately after the organization of the House, and 
before any other business is transacted, the speaker opens 
the returns and announces the result to the two houses 
who meet together in the hall of the House of Repre- 
sentatives for that purpose. 

The person having the highest number of votes for 
any office is declared elected. If two or more persons 
have an equal and the highest number of votes for any 
office, the General Assembly, by joint ballot, chooses one 
of them for the office. 



STATE GOVERNMENT 35 

Eligibility. No person is eligible to the office of 
Governor or Lieutenant-Governor who is not thirty- 
years of age, and who has not been for five years next 
preceding his election a citizen of the United States and 
of Illinois. 

All the state executive officers, except the Treasurer, 
are declared by the Constitution to be ineligible to any 
other office during the time for which they are elected. 

Vacancies. In case of vacancy by death, resignation 
or otherwise, of any executive officer, except Governor or 
Lieutenant-Governor, the Governor fills the vacancy by 
appointment, and the person appointed holds the office 
during the remainder of the term. 

Accounts. All officers of the executive department 
and of all public institutions of the state must keep 
accounts of all moneys received and paid out by them, 
and under oath must make a semi-annual report of these 
accounts to the Governor. 

Reports. At least ten days before each regular ses- 
sion of the General Assembly, the officers of the execu- 
tive department and of all state institutions must report 
to the Governor. The Governor transmits these reports, 
and those of the judges of the supreme court concerning 
defects in the Constitution or the laws, to the General 
Assembly. 

The Governor may require written information, under 
oath, from any of these officers concerning the affairs of 
his office. 

Oath. The executive, and all other civil officers 
swear (or affirm) that they will support the Constitution 
of the United States and of Illinois, and that they will 
faithfully discharge the duties of their respective offices 
to the best of their ability. No other oath can be 
required of any civil officer. 



36 ILLINOIS AND THE NATION 



GOVERNOR 

Executive Power. The Governor has supreme exec- 
utive power, and must see that the laws are executed. 

Message. At the beginning of each session of the 
General Assembly, the Governor sends it a message giv- 
ing the condition of the state, recommending such meas- 
ures as he deems best, containing a statement of the 
money received and paid out by him according to law, 
and presenting estimates of the amount of money that 
should be raised by taxation for all state purposes. His 
message is accompanied by the reports of the other 
executive officers. 

General Assembly. Whenever the public good may 
require it, the Governor may call the General Assembly 
together in an extra session. The proclamation calling 
the extra session must state the purpose for which it is 
called, and no business can be transacted except that 
given in the proclamation. 

If the two houses fail to agree upon the time for 
adjournment, and the house which first moves the ad- 
journment certifies such failure to the Governor, he may 
adjourn them to such time as he may think proper, but 
not beyond the first day of the next regular session. 

Appointment of Officers. The Governor, by and with 
the advice and consent of the Senate, appoints certain 
state officers. 

In case of a vacancy in any state office that is not 
elective, the Governor makes a temporary appointment 
until the next meeting of the Senate. 

A person who has been rejected by the Senate cannot 
be renominated by the Governor for the same office at 
the same session, unless at the request of the Senate; 
nor can he be appointed to the same office during a recess 



STATE GOVERNMENT 37 

of the Senate. Were it not for these restrictions, the 
Governor might keep on nominating the same man for 
the same office till the adjournment of the Senate and 
then appoint him to fill the office temporarily until the 
next meeting of the Senate. 

Removal of Officers. Any officer appointed by the 
Governor may be removed by him for incompetency, 
neglect of duty, or illegal conduct. He may then 
appoint some one else to fill the vacancy. 

Reprieves, Commutations, and Pardons. The Gov- 
ernor has power to grant reprieves, commutations, and 
pardons to persons convicted of crimes. 

A reprieve is a temporary suspension of the execution 
of a penalty. 

A commutation is a change from one punishment to 
another less severe, as from death to imprisonment for 
life. 

A pardon is a complete removal of penalty and res- 
toration to citizenship. 

Commander in Chief of the Militia. The Governor is 
commander in chief of the militia of the state when they 
are not in the service of the United States. The Governor 
has at all times the appointment of certain officers of the 
militia. 

Veto. The Governor's veto has been discussed fully 
on page 26. 

Salary. The Governor receives a salary of $12,000 a 
year and has the use of the executive mansion. 



LIEUTENANT-GOVERNOR 

Successor to Governor. In case of the death, resigna- 
tion, or disability of the Governor, the Lieutenant-Gov- 
ernor becomes Governor. In case of his disability also 



38 ILLINOIS AND THE NATION 

the powers and duties of Governor devolve upon the 
president pro tempore of the Senate, and in case of the 
disability of that officer they devolve upon the speaker 
of the House for the remainder of the term. 

President of the Senate. The Lieutenant-Governor 
is president of the Senate, but has no vote except in 
case of a tie. 

Salary. The Lieutenant-Governor's salary is $2,500 
a year. 

SECRETARY OF STATE 

Keeper of Public Acts. The Secretary of State must 
keep in his office, properly filed and indexed, all public 
acts, laws, and resolutions of the General Assembly. 

When the legislature is not in session, he keeps all 
books and papers belonging to each house. 

Calls House to Order. The Secretary of State calls 
the House of Representatives to order, and presides until 
a temporary speaker is elected. 

Register. He must keep a register of all the official 
acts of the Governor, and of all commissions issued by 
him. What is a commission? Every justice of the peace 
or notary public has a commission from the Governor. 

Seal of State. The Secretary of State is the keeper 
of the "Great Seal of the State of Illinois," and must 
affix this seal to all commissions and documents counter- 
signed by himself. 

What is a seal? Every notary public in Illinois has 
one, and a little effort will enable you to see one of these. 

Custodian of Property. He is custodian of all public 
buildings and grounds in the City of Springfield. 

Laws and Journals. He must supervise the distri- 
bution of the laws and journals of the General Assembly. 



STATE GOVERNMENT 39 

Report. He must report the affairs of his office 
biennially to the Governor. 

Certificate. He must certify to the correctness of 
the law and journals when they are published. 

Charters. The Secretary of State issues charters to 
corporations. 

There are corporations for the purpose of govern- 
ment, as cities and villages; for business purposes, as 
railroad, insurance, and manufacturing companies ; for 
improvement of members, but not for money-making, 
as in case of societies and associations; for religious 
purposes, as church organizations of various kinds. 

Weights and Measures. The Secretary of State is 
the keeper of the public standards of weights and 
measures. 

Registry Blanks. He must furnish registration 
blanks to judges of election prior to every general 
election. 

He has other duties of minor importance. 

Bond. The Secretary of State must give a bond 
for $100,000. 

Salary. His salary is $7,500 a year. 

AUDITOR 

Accounts. The Auditor is the book-keeper of the 
state. He keeps accounts with all public officers, cor- 
porations, and individuals doing business with the 
state. 

Whenever a claim or bill is presented for payment of 
money out of the state treasury, he examines, or audits, 
it to see if it is legal. 

Warrants. If the Auditor finds a claim to be legal 
and just, he signs an order on the Treasurer for the 



40 ILLINOIS AND THE NATION 

proper amount. Such orders are called "auditor's war- 
rants." He keeps a record of all warrants signed by him. 

The Auditor is the "watch-dog of the treasury." 

Rate of Taxation. The Auditor assists the Governor 
in computing the rate of taxation necessary to raise 
sufficient revenue for state purposes. 

The legislature fixes the amount to be raised by 
taxation. 

Report. The Auditor reports biennially to the 
Governor. 

Bond. He gives a bond for $50,000. 

Salary. His salary is $7,500 a year. 

TREASURER 

Public Funds. The Treasurer must receive and 
safely keep all moneys which are authorized by law to be 
paid to him. 

The Treasurer is not allowed to receive and receipt 
any money whatever unless he has an order from the 
Auditor directing him to receive it. Neither can he pay 
out money except upon the Auditor's warrant. When 
he pays an order, he must cancel it with some instrument 
that will cut or perforate the paper. 

Give a good reason for each of these provisions. 

Monthly Settlements. The Treasurer must settle 
with the Auditor at the close of each month, stating the 
amounts received and paid out, and on what accounts. 
He must also return all warrants canceled by him, and 
obtain the Auditor's receipt for them. 

Report. The Treasurer makes a biennial report to 
the Governor. 

Bond. The Treasurer's bond is for $500,000. 

Salary. His salary is $10,000 a year. 



STATE GOVERNMENT 41 



SUPERINTENDENT OF PUBLIC INSTRUCTION 

The duties of this officer are given in CHAPTER 
VIII on the public school system. 



ATTORNEY-GENERAL 

State and State Officers. The Attorney-General rep- 
resents the people of the state in all suits in which they 
are interested before the supreme court. He also acts 
as attorney for state officers, when suits are brought 
against them as officers. 

Advisory Duties. The Attorney-General consults 
with and advises state's attorneys concerning their 
duties. 

He advises the Governor and other state officers, and, 
when requested, gives written opinions upon all legal and 
constitutional questions relating to the duties of these 
officers. He also gives such written opinions at the 
request of either house of the General Assembly or of 
any legislative committee. 

Funds. The Attorney-General sees that the funds 
appropriated to the several state institutions are properly 
used. 

Records. He keeps a records of his official acts, and 
of the opinions given by him while in office, and gives 
these records to his successor in office. 

Bond. A bond for $10,000 must be given by the 
Attorney-General. 

Salary. His salary is $10,000 a year. 

Name the executive officers of the state. When was 
each elected? 



42 ILLINOIS AND THE NATION 



Judicial Department 
supreme court 

Grand Division. Prior to 1897 the state was divided 
into three grand divisions and one term of court was 
held each year in each division. The entire state now 
constitutes one grand division. 

Terms. There are now five terms of court each year. 
These are all held at Springfield, the sessions at Ottawa 
and Mount Vernon having been discontinued. 

Judges. There are seven judges of the supreme 
court; they choose one of their number for chief-justice. 

Four judges must agree to every decision. 

Term. The judges of the supreme court are elected 
for nine years. 

Election Districts. The state is divided into seven 
districts for the purpose of electing the judges of the 
supreme court. Each district elects one judge. 

Clerk. A clerk of the supreme court is elected for 
the entire state for six years. His salary is $7,500 a year. 

Original Jurisdiction. The supreme court has orig- 
inal jurisdiction in cases relating to the revenues of the 
state, and in mandamus and habeas corpus cases. By 
this is meant that suits relating to these matters may be 
begun in the supreme court. 

A case of mandamus is brought for the purpose of 
compelling a public officer or corporation to perform 
certain duties. 

A case of habeas corpus has for its object the pre- 
vention of false or unjust imprisonment. By it the 
prisoner is brought into court, and the cause of his 
imprisonment is investigated. 



STATE GOVERNMENT 43 

Appellate Jurisdiction. The supreme court has 
appellate jurisdiction in all criminal cases, and in all 
civil cases in which the amount in dispute is one 
thousand dollars or more. 

By appellate jurisdiction is meant that appeals may- 
be taken to the supreme court in such cases after they 
have been tried in a lower court. 

A criminal case is a suit brought for the purpose of 
punishing some person for violating a public law. 

A civil case is a suit brought by a person, company, 
or corporation, called the plaintiff, against another per- 
son, company, or corporation, called the defendant, for 
the purpose of compelling the defendant to pay the 
plaintiff a sum of money or to give up to him certain 
property. Suits for money may be for debts due the 
plaintiff, or for damages on account of injury done him 
by the defendant. 

Decisions Final. The decisions of the supreme court 
are final except in cases involving a state law which con- 
flicts with a United States law. Such cases may be 
carried to the United States Supreme Court. 

Salaries of Supreme Judges. The judges of the 
supreme court elected after 1905 receive $10,000 a year. 

The clerks receive fees which are prescribed by law. 

APPELLATE COURTS 

Districts. The state is divided into four appellate 
court districts. 

Judges. The appellate judges are elected circuit 
judges, and are appointed appellate judges by the 
supreme court. 

Clerk. Each district elects a clerk for a term of six 
years. 



44 ILLINOIS AND THE NATION 

Sheriff. The sheriff of the county in which the 
appellate court is held attends the sessions of the court 
or appoints a deputy to do so. 

Jurisdiction. The appellate courts have appellate 
jurisdiction only. Their jurisdiction extends to all cases 
of appeal from circuit courts, city courts, or the superior 
court of Cook County, except in criminal cases and those 
involving a franchise, a freehold, or the validity of a 
law. These cases must be appealed directly to the 
supreme court. 

A franchise is a special privilege given by the state 
to an individual or corporation. 

The term freehold applies to real estate titles. 

Decision. The decision of the appellate court is final 
in all cases in which the amount in dispute is less than 
one thousand dollars. When the amount is one thou- 
sand dollars or more, the case may be taken to the 
supreme court. 

Salaries. Appellate judges receive the same salaries 
as circuit judges — $10,000 a year in Cook County, and 
$5,000 elsewhere. The clerks receive fees. 



COURT OF CLAIMS 

Judges. The Governor, .with the consent of the 
Senate, appoints three persons to serve four years as 
a court of claims to adjust claims of various kinds against 
the state. Each member of the court receives a salary 
of $1,500 a year. 

CIRCUIT COURTS 

Circuits. With the exception of Cook County, all of 
the counties of the state are arranged by the legislature 



STATE GOVERNMENT 45 

into seventeen divisions called circuits. Cook County 
alone constitutes a circuit. 

Judges. Three judges are elected in each circuit 
every six years. Usually two of these hold circuit 
courts, and the third acts as one of the judges of the 
appellate courts. Cook County now elects fourteen 
circuit judges. 

The circuit court is so called because its judges go 
from county to county for the purpose of holding court. 

Circuit Clerk. Each county elects a circuit clerk for 
a term of four years. He attends the sessions of the 
circuit court in his county, and keeps a record of the 
proceedings of the court. 

He keeps account of the costs of all suits in the circuit 
court in his county .~ These costs are made up of the 
fees of the sheriff, clerk, witnesses, jury, and others, and 
are usually paid by the person against whom the suit is 
decided. 

The circuit clerk also issues the summonses, subpoe- 
nas, executions, and other processes of the court. In 
counties of less than 60,000 inhabitants, he also acts as 
recorder of deeds for his county. 

Master in Chancery. In each county there is a 
master in chancery who is appointed by the judges of 
the circuit for two years. To him are referred many 
matters for investigation. He reports the results of his 
investigation to the court. Chief among his other duties 
is the sale of real estate in cases of foreclosure of 
mortgages. 

Jurisdiction. The circuit courts have original juris- 
diction in all criminal cases and in civil cases between 
citizens of the state. They have appellate jurisdiction 
in all cases tried before the county and probate courts 
and justices of the peace. 



46 ILLINOIS AND THE NATION 

Courts of Cook County. Besides the circuit court, 
there are in Cook County two courts not held in other 
counties. The Superior Court of Cook County was for- 
merly known as the Superior Court of Chicago; the 
Criminal Court of Cook County was formerly known as 
the Recorder's Court of the City of Chicago. 

Salary. The circuit judges receive $5,000 a year, 
except those in Cook County ; they receive $10,000 a year. 

Grand Jury. The grand jury of every county assists 
the circuit court in bringing offenders to trial. 

A grand jury consists of twenty-three men who are 
selected by the county board. This jury meets at the 
place of holding the circuit court, and investigates all 
criminal charges brought to its notice against persons 
for crimes committed within the county. It hears evi- 
dence against accused persons, but nothing in their 
defense. If it has just cause to believe a person guilty 
of a crime, it furnishes the court with a paper in which 
the person is named, and his crime described, and advises 
that he be brought to trial. 

Such a paper is called an "indictment," and the person 
is said to be "indicted" by the grand jury. In every case 
of indictment, sixteen grand jurors must be present, and 
twelve must agree to the indictment. An indictment is 
often called "a true bill." This comes from the fact that 
the paper is prepared by the State's Attorney and is 
indorsed by the jury "A true bill," if the accused is found 
guilty. A copy of the indictment giving a list of witnesses 
against him is furnished the accused. 

The meetings of the grand jury are not open to the 
public. 

Petit Jury. Almost all cases in the circuit court are 
tried by a petit jury consisting of twelve men. This jury 
sits in open court and hears the evidence against and in 



STATE GOVERNMENT 47 

behalf of the defendant, together with the arguments 
of the lawyers on both sides. The judge then instructs 
the jury as to the law concerning the case, and the 
manner in which it should weigh the evidence for and 
against the defendant. The jury then retires to the jury 
room, being all the while in charge of an officer, and 
agrees upon a verdict, if possible. A verdict cannot be 
rendered unless all the jurors agree to it. This applies 
as well to civil as to criminal cases. 

In trials before justices of the peace, juries are not 
instructed by the court. 

When a case is appealed to a higher court, a 
complete transcript in writing of the record of the pro- 
ceedings of the court below is filed by the party who 
appeals. This record is examined and reviewed by the 
upper court, and, if no errors appear, the judgment or 
decree of the court below is affirmed. If any substantial 
error appears, the judgment or decree is reversed and, 
usually, the case is remanded to the lower court for a 
new trial. 

Jurors are drawn by lot from a list of legal voters 
prepared by jury commissioners in Cook County, and by 
the county board in all other counties. Jurors serve two 
weeks, and receive $3 a day and 5 cents mileage each way 
for one round trip. 

Questions and Topics for Study 

i. Who is the chief executive officer of the state? 2. What 
is the highest judicial office in the state? 3. Classify each of 
the following acts as legislative, executive, or judicial: 

(a) The Governor signs a bill; (b) he signs a commission 
in the militia; (c) he signs a pardon for a criminal; (d) he 
sends a message to the legislature recommending the passage of 
a law; (e) he vetoes a bill; (f) the Lieutenant-Governor pre- 



48 



ILLINOIS AND THE NATION 



sides over the Senate during legislation; (g) he presides during 
an impeachment trial; (h) he acts as Governor during that 
official's absence from the state; (i) the Senate passes a resolu- 
tion; (j) it refuses to pass a bill; (k) it confirms an officer 
appointed by the Governor; (1) it sits in impeachment trial; 
(m) the supreme court upholds a law; (n) it declares uncon- 
stitutional an amendatory act; it issues a writ of man- 
damus; (o) the Attorney-General advises the State Superin- 
tendent of Schools upon points in the school law; (p) he 
prosecutes for the violation of a law. 

4. Explain: (a) Committee of the whole; (b) yeas and 
nays; (c) enacting clause; (d) veto; (e) pocket veto; (f) re- 
prieve; (g) commutation; (h) pardon; (i) seal of state; 
(j) original jurisdiction; (k) appellate jurisdiction; (1) indict- 
ment; (m) true bill; (n) petit jury; (o) grand jury. 

5. Make a table similar to this and complete by supplying 
the needed information. Preserve for future reference. 



OFFICE 


LENGTH 

OF TERM 


SALARY 


DUTIES 


PRESENT 

INCUMBENT 


Governor 










Lieut-Governor 










Secretary of State 










Auditor 










Treasurer 










Superintendent of 
Public Instruct'n 










A tto rney- Gene ral 










Representative 
from your dist. 










Senator from your 
district 










Circuit judges 
from your dist. 











CHAPTER III 
THE DIVISIONS OF THE STATE 

Description of the Divisions 

Counties. Counties are divisions of the state made 
in order to bring matters of government nearer to the 
people. They are formed by the legislature of the state, 
usually upon petition of the people directly concerned. 
They are named in the acts which create them. 

The county does not bear exactly the same relation to 
the state that the latter does to the nation. The state 
is sovereign in many particulars, while the county has 
no sovereign power whatever. It has no constitution, 
and all its powers are given to it by the state legislature. 

There are one hundred and two counties in Illinois. 

Townships. In this state we have tzvo correct uses 
of the word township. These uses should be carefully 
learned, so as to distinguish clearly from each other and 
from the uses of the word town. 

Congressional Township. The congressional town- 
ship is the unit of the United States survey system and 
is simply a tract of land six miles square. It is a division 
rather of the United States than of the state, and is 
common to all states and territories surveyed by this 
system. It is not a political division of the county, state, 
or United States, and consequently has no officers. It 
has a single purpose — to assist in the description of real 
estate. It is always designated by number. 

49 



50 ILLINOIS AND THE NATION 

School Township. The school township is a political 
division of the county with reference to school affairs 
only, and in boundary is coincident with the congres- 
sional township of like number and description. Section 
twenty-three of the school law provides that every con- 
gressional township shall be considered a township for 
school purposes. 

The school township officers are three trustees of 
schools and a township treasurer. The latter is often 
called the school treasurer. 

The school township has the single purpose of assist- 
ing in certain school affairs. It is always designated by 
number — never by name, being numbered exactly like 
the congressional township with which it coincides. 
There need be no confusion on this account, as the two 
townships are never spoken of in the same connection. 

Towns. The word town has so many different 
meanings that it is somewhat difficult to apply it cor- 
rectly at all times. Its use as a general term for villages 
and cities is correct in ordinary conversation, as where 
we speak of "going to town," or "going out of town." But 
in the study of civil government we must discard this 
use of the word, and speak only of its two uses in 
connection with civil affairs. 

Organized Towns. The organized town is a political 
division of the county with reference to civil affairs only. 
It has no connection whatever with the description of 
real estate, with the school system, or with incorporated 
government like that of a city or village. It has a single 
purpose — to assist in local government in civil affairs. 
In almost all counties in the state, especially those in 
the central and northern part, every one lives in some 
town in this sense of the word. 

If all organized towns had been formed as was in- 



THE DIVISIONS OF THE STATE 51 

tended by the law, they would each be six miles square, 
except where there are fractional congressional 
townships. 

The organized town is always designated by name — 
never by number. Whenever the word town is used in 
this book, the organized town is meant, except when the 
expression incorporated town is used. 

Township Organization. The Constitution of 1848 
provided that "the General Assembly shall provide, by a 
general law, for a township organization." Accordingly 
a law was enacted that all counties which should elect 
to do so in a prescribed manner might adopt what is 
known as "township organization." 

Counties so electing are divided by three commis- 
sioners, appointed by the county board, into towns which 
shall coincide with the townships of the county. When 
a township has too few inhabitants for a separate 
organization it may be added to some adjoining town 
or divided between two or more towns for the time 
being. Fractional townships may be added to some 
adjoining town. A glance at a complete map of the 
state will show that few counties, if any, have all of 
their towns coincident with the township. Has your 
county? 

A majority of the towns, however, coincide with the 
townships. In such cases, the township election (for 
school trustees) and the town election (annual town 
meeting) are held on the same day. This fact gives rise 
to the common error of calling the officers of the town 
"township officers." 

Counties are divided into towns in order to bring 
matters of local government still nearer the people. This 
and the government of counties not under township 
organization will be fully explained later. 



52 ILLINOIS AND THE NATION 

The term "township organization" used in the law is 
evidently a misnomer; it should be "town organization," 
since so many towns are not organized townships, not 
being coincident with the latter. 

Incorporated Towns. It is to be regretted that prior 
to the enactment of the law authorizing the organization 
of towns for local government, a law was enacted which 
provides for the incorporation of towns, divided into 
blocks and lots, having streets and alleys, and govern- 
ments similar to that of villages. In fact, the word town 
is used in the same sense as the word village. A few 
such towns have been incorporated, but almost all such 
incorporations are termed villages. 

Unless there is such a town near you, it will be better 
for you to dismiss this use of the word from your mind, 
and to think only of the organized town. 

School Districts. School districts are divisions of the 
school township, and have reference to school affairs 
only. 

County Organization. Counties not under township 
organization are said to be under county organization. 
There are nineteen such counties in Illinois. In some of 
these the proposition to organize has been voted on and 
defeated several times. 

The chief argument in favor of township organization 
is that it brings the government nearer the people. One 
feature of this is that it makes several town offices to be 
rilled by residents of the town. Many men, doubtless, 
work and vote for township organization hoping to 
obtain an office. 

The leading argument against township organization 
is that it increases the cost of government very mate- 
rially. Taxes are necessarily higher in counties under 
township organization. Of course it may be claimed that 



THE DIVISIONS OF THE STATE 53 

the government is enough better to overcome the 
disadvantage of increase in cost. 

Cities and Villages. The government of cities and 
villages is described in another chapter. They are com- 
monly spoken of as towns but in the study of the civil 
government of Illinois you must discriminate sharply 
between cities and villages and towns, except in the few 
cases where there are incorporated towns. 

Cities and villages have certain corporate privileges 
which towns have not. They are organized in a wholly 
different manner, and for a different purpose. 

In many cases the name of a town is the same as that 
of a city or village within its limits. This fact often 
gives rise to confusion in common speech. 

Questions and .Topics for Study 

i. Why do we have counties? 2. How many are there in 
Illinois? 3. Distinguish between an organized town and an 
incorporated town. 4. (a) In what congressional township do 
you live? (b) In what school township? (c) town? (d) city 
or village? 5. (a) Bound the county, (b) The congressional 
township? 6. Consult the complete table of congressional, sen- 
atorial, and judicial districts and the judicial circuits on Page 
208. 



CHAPTER IV 

COUNTY GOVERNMENT 

Legislative Department 

Board of Supervisors. The laws made by the Gen- 
eral Assembly apply to all counties alike, and only such 
laws are made by it as are general in their nature. Every 
county has measures for its own government which 
apply only to itself. These measures must not conflict 
with any general law of the state. 

In counties under township organization, the legisla- 
tive acts are performed by the board of supervisors. The 
members of this board are elected by the several towns 
in the county, and perform duties as town officers aside 
from their duties as members of the "county board," as 
the board of supervisors is called. In counties not under 
township organization the board of county commission- 
ers is also called the county board. 

Meetings. The board of supervisors holds its annual 
meeting on the second Tuesday of September. It also 
holds a regular meeting on the second Monday in June 
in each year. Special meetings may be held at the 
request of at least one-third of the members of the board. 

County Seat. The county board meets at the county 
seat, and, if possible, in the court house. The county 
seat is the city or village in which the business of the 
county is transacted. 

Organization. The county board organizes at the 
first meeting of the year by choosing one of its number 

54 



COUNTY GOVERNMENT 55 

chairman. The chairman presides over all the meetings, 
and appoints the various committees through which the 
business of the board is largely done. The county clerk 
is clerk of the board of supervisors. 

Open Doors. The board must hold its meetings with 
open doors. Why? 

Proceedings Published. A brief account of the 
proceedings of every meeting must be published in a 
county paper if it can be done without unreasonable 
expense. 

New Towns. The board may change the boundaries 
of towns, create new towns, and give names to them. 
No two towns in the state shall have the same name. 
The State Auditor keeps an alphabetical list of all the 
towns, and must be consulted in case a new name is to 
be given. 

Have you a clear notion of what is meant by the 
word town, as here used? 

Care of Property. The county board has the care of 
all property belonging to the county. The board also 
has the management of nearly all the funds belonging 
to the county. 

Auditing Bills. The county board must settle all 
just claims against the county, and audit all accounts 
concerning the receipts and expenditures of the county. 

Levy of County Tax. The county board may levy 
a tax not to exceed seventy-five cents on one hundred 
dollars' valuation for county purposes. 

If the county was in debt at the time of the adoption 
of the present Constitution, a tax not to exceed one 
dollar on one hundred dollars' valuation may be levied to 
pay the principal and interest for such indebtedness. 
Any additional levy must be submitted to a vote of the 
people. 



56 ILLINOIS AND THE NATION 

County Buildings. The county board must erect a 
courthouse, jail, and other necessary public buildings. 
Furnished offices must be provided for the county 
officers. Some of these offices are to be fireproof, or 
furnished with fireproof safes, whenever the finances of 
the county will permit. 

Books and Stationery. The board must furnish suit- 
able books and stationery for the use of the county board 
and the several county officers. 

Annual Financial Statement. The county board 
must prepare and publish an itemized statement of the 
receipts and expenditures of the preceding year together 
with the actual condition of affairs at the end of the year. 

Prosecute and Defend Suits. Suitable measures for 
the prosecution and defense of suits brought by or 
against the county must be taken by the county board. 

Pay of County Officers. The pay of the officers, 
except the county superintendent of schools, is fixed by 
the county board, and cannot be changed during the term 
for which the officers are elected. Why not? 

Treasurer's Accounts. It is the duty of the county 
board to examine the books of the county treasurer, and 
to count the money at least as often as once every six 
months. 

Grand and Petit Jurors. Grand juries are selected by 
the county boards in their respective counties. 

As nearly as can be, a proportionate number of grand 
jurors are to be chosen from each town in the county. 

Each year the board prepares lists of not less than 
one-tenth of the legal voters of each town, which lists 
are kept in the office of the county clerk. The county 
clerk writes each man's name and address upon a sepa- 
rate ticket, and puts all the tickets in a box kept for the 
purpose. At least twenty days before a trial court 



COUNTY GOVERNMENT 57 

convenes, the clerk of the court, in the presence of the 
county clerk, draws the names of a sufficient number of 
petit jurors from the box. 

Other Powers and Duties. The county board may 
also allow, regulate, and condemn toll roads and bridges ; 
grant liquor licenses ; establish county normal schools ; 
offer rewards for criminals ; and offer rewards for raising 
timber. 

Board of County Commissioners. In counties not 
under township organization, the county board consists 
of the three commissioners elected by the whole county 
for a term of three years, one commissioner being elected 
each year. These counties are divided by the county 
board into precincts for election purposes, and into 
districts for road purposes. 

The powers and duties of the board of commissioners 
are almost the same as those of the board of supervisors. 

Commissioners of Cook County. The County of 
Cook is governed by a board of county commissioners, 
fifteen in number. Ten of these commissioners are 
elected from Chicago and five from that part of Cook 
County which is outside Chicago. All the commis- 
sioners serve four years. 

Executive Department 

Officers. The executive department consists of the 
county clerk, treasurer, recorder, county surveyor, super- 
intendent of schools, and the committees of the county 
board when carrying out the instructions of the whole 
board. All of the officers named execute the state laws 
which apply to their duties, and also the measures passed 
by the county board. All of the executive officers of the 
county are elected for four years. 



58 ILLINOIS AND THE NATION 



COUNTY CLERK 

Records. The county clerk has charge of certain 
books and papers pertaining to the business of the 
county. 

County Board. He is clerk of the county board of 
his county, keeps a record of its proceedings, and keeps 
on file all accounts passed upon by the board. 

Orders. He must keep a complete record of all orders 
drawn upon the county treasurer. 

Bonds. The official bonds of certain county and 
town officers are filed in the office of the county clerk. 
He must keep an alphabetical list of these bonds, giving 
names of sureties and other essential facts. 

Indexes. He must keep alphabetical indexes of all 
records and papers filed in his office. 

Copy. The county clerk must furnish to any person 
who will pay the proper fee, a copy of any record, paper, 
or account in his office. 

County Court. The county clerk must attend the 
sessions of the county court, and keep a complete record 
of all its proceedings. He is an officer of the judicial 
department of the county when thus acting as clerk of 
the county court. 

Marriage Licenses. He issues marriage licenses. 

Canvassing Vote. After every general election, the 
county clerk and two justices of the peace of his county 
canvass the votes of the county and make abstracts 
showing the number of votes received by each candidate. 
These abstracts are filed in the county clerk's office. 

Taxes. He computes the amount of tax to be paid 
by every person subject to taxation in the county and 



COUNTY GOVERNMENT 59 

supplies collectors with books which show the amount 
each person must pay. 

COUNTY TREASURER 

Public Funds. The county treasurer must receive, 
safely keep, and pay out according to law all public 
money that may properly come into his hands. 

Accounts. He must keep a complete record of the 
business of his office. The books containing this record 
are always open to the inspection of the public. Why? 

Supervisor of Assessments. In counties under town- 
ship organization of less than 125,000 inhabitants, the 
county treasurer is ex officio supervisor of assessments 
of taxes in his county. 

Report. The treasurer must report to the county 
board at each of its regular meetings all sums received 
and paid out by him since his last report. These reports 
are filed in the county clerk's office, and are subject to 
the inspection of the public. 

Settlements. Twice each year the county board must 
make a settlement with the treasurer and count the 
funds. 

Re-election. An amendment to the state constitution 
was adopted in 1880, providing that no person having 
once been elected to the office of sheriff or treasurer shall 
be eligible to the same office for four years after the 
expiration of the term of office for which he was elected. 

RECORDER 

Deeds. The recorder must copy into books pro- 
vided for the purpose all deeds, mortgages, and other 
papers pertaining to the titles of lands, when the papers 



GO ILLINOIS AND THE NATION 

are presented to him for that purpose. The person 
presenting such a paper must pay a prescribed fee in 
order to have it copied, or recorded, as it is called. In 
case a paper so recorded is lost, the recorder's books will 
show its contents. Chattel mortgages, or mortgages 
upon personal property, may also be recorded. 

Records Open to the Public. All records and in- 
dexes are now open to the public, and abstracts may be 
taken from them without charge. 

In counties of less than sixty thousand inhabitants 
the circuit clerk is ex officio (by virtue of his office) 
recorder of deeds. In counties of sixty thousand or more 
inhabitants there is a separate recorder. Thirteen 
counties in the state may have separate recorders under 
the census of 1910. 



COUNTY SURVEYOR 

Duties. The county surveyor makes surveys within 
his county when called upon to do so. He keeps a record 
of surveys thus made. The record is open to the 
inspection of all persons interested in the surveys. 

SUPERINTENDENT OF SCHOOLS 

The duties of county superintendents of schools 
are given in CHAPTER VIII on the public school 
system. 

COUNTY SUPERINTENDENT OF HIGHWAYS 

Appointment. The county superintendent of high- 
ways is not elected by the people of the county, but is 
appointed by the county board from among persons 



COUNTY GOVERNMENT 61 

found eligible for the position by the State Highway 
Commission upon competitive examination. 

Duties. He acts for his county in all matters relating 
to the supervision of the construction and maintenance 
of roads and bridges in which the county is financially 
interested, either alone or in conjunction with the state 
or with any town or road district of the county. 

This officer serves six years and receives a salary 
fixed by the county board. Only counties maintaining 
"state aid" roads have superintendents of highways. 



Judicial Department 

Officers. The officers of the judicial department of 
the county are county judge, probate judge, county clerk 
(when acting as clerk of the county court), sheriff, 
state's attorney, and coroner. Although elected by the 
county, and termed a county officer, the circuit clerk is 
really an officer of the circuit court, and his duties were 
given in that connection. Review them. 

Term. These officers are all elected for four years. 

Salaries. Their salaries are fixed by the county 
board. 

COUNTY COURT 

Judge. The county judge is judge of the county 
court. 

Law Jurisdiction. The county courts have exclusive 
jurisdiction in suits authorizing the sale of real estate 
for the collection of taxes. 

They have concurrent jurisdiction with the circuit 
courts in all cases like those in which justices of the 
peace have jurisdiction, and in which the amount in 



62 ILLINOIS AND THE NATION 

dispute is not more than one thousand dollars. They 
also have concurrent jurisdiction with the circuit courts 
in criminal cases when the punishment is not imprison- 
ment in the penitentiary or death ; and in all cases of 
appeal from justices of the peace and police magistrates. 
When two or more courts have concurrent jurisdiction 
in any matter, suits may be brought in any one of them. 
In suits for two hundred dollars or less, justices of the 
peace, county and circuit courts have concurrent 
jurisdiction. 

Probate Jurisdiction. In counties of less than 
seventy thousand inhabitants, the county court has 
original jurisdiction in all matters relating to the settle- 
ment of the estates of deceased persons ; the appointment 
of guardians of minors, and conservators of the insane 
and feeble-minded, and the settlement of their accounts; 
and in all matters relating to apprentices. 

PROBATE COURT 

Judge. In counties having more than seventy thou- 
sand inhabitants a probate judge must be elected to 
attend to the probate business of the county. In this 
case the county court has only law jurisdiction, and a 
separate probate court is established. 

Clerk. A probate clerk is also elected in such cases. 

Under the census of 1910 only ten counties have 
separate probate judges. They are Cook, Kane, La Salle, 
Madison, Peoria, Rock Island, Sangamon, St. Clair, Ver- 
milion, and Will. 

SHERIFF 

Attendance at Courts. The sheriff must attend all 
the sessions of circuit and county courts and obey their 



COUNTY GOVERNMENT 63 

lawful orders. He convenes and adjourns the court 
when directed to do so, and preserves order in the court. 

Service of Writs. The sheriff serves all warrants, 
summonses, subpoenas, executions, and other papers that 
the court may issue. 

A warrant directs the sheriff to arrest a certain person 
accused of a crime. 

A summons directs the sheriff to summon a certain 
person to appear in court to answer a demand made by 
another person named in the summons. 

A subpoena commands a certain person to appear in 
court as a witness. 

An execution empowers the sheriff to carry a judg- 
ment into effect. A common form of execution is that 
which directs the sheriff to seize certain property and 
sell it to pay the obligations of a person against whom 
a suit has been decided. 

Conservator of the Peace. Every sheriff is conserv- 
ator of the peace in his county, and it is his duty to 
suppress riots, fighting, and all breaches of the peace, 
and to prevent crime. He may arrest, without a warrant, 
persons whom he sees breaking the law, and take them 
before a magistrate. 

Custodian of Court House. The sheriff has charge 
of the court house and jail in his county. 

Care of Prisoners. He sees that all prisoners are 
properly guarded and supplied with suitable food. 

When prisoners are sentenced to the penitentiary or 
reform school, the sheriff removes them thither. He 
also hangs criminals condemned to death. 

Deputies. The sheriff may appoint deputies to assist 
him in his work. These deputies have all the powers of 
the sheriff, and their official acts are considered as acts 
of the sheriff, he being responsible in all cases for them. 



CA ILLINOIS AND THE NATION 

Ineligible to Re-election. A person having once been 
elected to the office of sheriff is not eligible to re-election 
for four years after the expiration of the term for which 
he was elected. 



STATE S ATTORNEY 

Prosecution of Criminals. The State's Attorney sees 
that offenders against the laws are indicted, arrested, and 
brought into court for trial. He then endeavors to prove 
their guilt and have them punished. He is often called 
the "prosecuting attorney." 

Civil Suits. The State's Attorney carries on, in behalf 
of the county, all lawsuits brought for or against it, and 
in cases brought against county officers as such, he 
defends the officers. 

Advisory duties. He is the legal adviser of all county 
officers and justices of the peace. 



CORONER 

Inquests. Whenever the coroner is informed that 
some person within the county has met with death from 
violence, accident, or any undue means, it is his duty to 
go to the place, and, with the aid of a jury, inquire into 
the cause of the death. Such an examination is called 
an inquest. A record of the inquest is kept in a book 
provided for the purpose. The coroner reports the result 
of the examination to the county clerk. 

Arrest of Slayer. If any person is found to be impli- 
cated in the murder of the deceased, it is the duty of the 
coroner to arrest him and hold him for further examina- 
tion and trial. 



COUNTY GOVERNMENT 



65 



Questions and Topics for Study 

i. Name all of the judicial officers of your county. 2. What 
constitutes the legislative department of your county govern- 
ment ? 3. Is your county under township organization or county 
organization? 4. If under county organization, name the county 
commissioners. 5. If under township organization, name the 
supervisor from your town. 6. Why do you want an honest 
and capable man in that office? 7. Make a table similar to the 
following, and complete it by furnishing the necessary informa- 
tion. Preserve for future reference. These officers are all 
elected by the people. 



OFFICE 


LENGTH 
OF TERM 


SALARY 


DUTIES 


PRESENT 
INCUMBENT 


County Clerk 










Treasurer 










Circuit Clerk 










State's Attorney 










Recorder 










Surveyor 










Supt. of Schools 










Sheriff 










County Judge 










Probate Judge 










Probate Clerk 










Coroner 











CHAPTER V 
TOWN GOVERNMENT 

Legislative Department 

Annual Town Meeting. On the first Tuesday of 
April every town in the state holds its annual town 
meeting for the election of officers and the transaction 
of the business of the town. Probably not five per cent 
of the voters of the state now attend these meetings. 
The town meeting has ceased to be an effective means of 
government. 

Moderator. At some time between the hours of 
eight and nine o'clock in the forenoon, the voters present 
are called together by the town clerk. One of their 
number is chosen moderator, and two judges appointed 
by the county board take their places as judges of the 
election. The moderator is a judge of the election, and 
also presides over the meeting during the transaction 
of miscellaneous business. The moderator must take 
an oath before entering upon the duties of his office. 

Clerk. The town clerk last elected is clerk of the 
annual town meeting, and must keep a full and faithful 
record of all its proceedings. 

Manner of Voting. The town clerk must supply a 
suitable ballot box. This box, made of tin or wood, is 
shown to be empty at the beginning of the election, and 
is then kept locked until the voting is done. 

In 1891 the legislature passed an election law mod- 

66 



SPECIMEN BALLOT 



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WOODROW WILSON, 



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f-pOLONW-CROWELL. 

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QBENJAM.NJLM.LLER 

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r-] JAMES JCWES, 
I - ] EDWARD G. SCHAEFER, 
p-| THOMAS G. J/ENNUM. 
1 FRANK M. SHONKW1LER. 



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I - 1 AUGUST W THODE. 
I — I CHARLES J. SCOFIELD, 

r - ] T ROSS moore 

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p~ CLIFFORD QUISENBER 
| TAMES W GRAHAM. 
r— JOHN E ANDREW 
r— JOHN SCHULTZ." 
(— JOHN H ip DWJ i 

I BEVERLV \v HEXRY 
r— JOHN W THOMASON. 
[~ MILES FREDERICK GIL 



AARON S. WATXINS, 



□ WILLIAM A ^MATHEWS, 
I — IELDON G BUR!, ITT. 
I — I CHARLES A ril.AXl H.'.RI 
I — I AXEL GUM A i; ON, 
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r - ] NICHOLAS I II H V 
I - ] CHARLES T. FARRELL 

D F D ""SB&L. 

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a c * wil o l H' 

I — | LORENZO J, KENDALL. 

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□ BENTBAI Kiu 

r - ! DANIEL H. HENSCHIE, 

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□ W ' LLIAM S ™ AM ' 
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I — |M I. MEYERS, 
C - 1 EDWIN PAPPE. 

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j [JOHN H. WEYER 
I — I C. P. MATTER,' 

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I — I JOHN E. YAHN, 
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Q GEORGE w'mUELLER 

I — | A ALONZO STACG, 

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PJWM S DILLON, 

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TOWN GOVERNMENT 67 

eled after what is known as the "Australian System." 
All ballots are printed at public expense. The names of 
the candidates of all parties are put upon one ballot, 
under proper headings. No "ticket peddlers" are 
allowed, and no "electioneering" can be done within one 
hundred feet of the polls. The voter enters the polling 
place and gives his name to one of the judges who calls 
it out in a loud tone of voice. If the person is found to 
be entitled to vote he is allowed to enter a space enclosed 
by a guard rail. A judge of election then gives him one 
ticket, and only one, which the voter takes into an 
enclosed place called a booth, where, all alone and out 
of sight of everybody, he marks the names of the candi- 
dates for whom he wishes to vote. If he cannot read, or 
is physically unable to mark his ballot, two election 
officers assist him, but are not allowed thereafter to tell 
how he voted. The voter, having marked his ballot, folds 
it so as to conceal the marks made by him thereon, and, 
leaving the booth, hands it to an election judge, who 
places it in the ballot box without numbering it, as was 
formerly done. The voter then passes out and is not 
again allowed to enter the space enclosed by the guard 
rail during that election, nor can he by any means carry 
a ballot away with him. 

When the polls are closed, the ballot box is opened 
by the judges and the votes are canvassed — that is, the 
names of the persons voted for each office are ascer- 
tained, and a record made of the number of votes each 
person receives. The result of the election is then 
publically announced. All Illinois elections, except for 
school officers, are conducted in this way. And in school 
districts of more than 1,000 inhabitants operating under 
the general school law the principal features of this 
system apply to the election of the board of education. 



68 ILLINOIS AND THE NATION 

Miscellaneous Business. At two o'clock in the after- 
noon the polls are closed temporarily and the moderator 
calls the meeting to order for the transaction of mis- 
cellaneous business. 

All questions are decided by a majority of the legal 
voters present. The following are the most important 
matters that may be acted upon : 

Taxes. Money may be directed to be raised by tax- 
ation for constructing or repairing roads and bridges, 
for the prosecution or defense of lawsuits for or against 
the town, and for a few other purposes. 

Lawsuits. The meeting may instruct the proper 
officers concerning the lawsuits of the town. 

Canada Thistles. Rewards may be offered for the 
destruction of Canada thistles and other noxious weeds. 

Fences. The meeting may determine what shall be 
a lawful fence in the town. 

Trees. Action may be taken to induce the planting 
of trees along the highways. Premiums may be given 
for this purpose. 

Stock. The meeting may restrain and regulate the 
running at large of stock, establish and maintain a pound, 
appoint a poundmaster and prescribe his duties. 

Public Wells. Public wells and water places may 
be provided for, and their use regulated. 

Public Health. Measures may be taken to prevent 
unhealthfulness in the town. 

Road Tax. The voters may determine whether the 
road tax of the town shall be paid in money or in labor. 

Reports of Officers. The voters receive and act upon 
the reports of officers for the past year. 

When the miscellaneous business is concluded, the 
moderator so announces, the polls are reopened, and the 
voting continues till time for closing the polls. 



TOWN GOVERNMENT 69 

Voters. All men twenty-one or more years of age 
who are citizens of the United States and who have 
resided in the state one year, in the county ninety days, 
and in the election district thirty days, are entitled to 
vote at the annual town meeting, and at all other 
elections in this state. 

Woman Suffrage. By an act of the legislature passed 
in 1913, all women, citizens of the United States, above 
the age of twenty-one years, having resided in the state 
one year, in the county ninety days and in the election 
district thirty days next preceding any election therein, 
shall be allowed to vote at such election for presidential 
electors, members of the state board of equalization, 
clerk of the appellate court, county surveyor, supervisor, 
town clerk, assessor, collector, highway commissioner, 
and for all officers of cities, villages, and towns, except 
police magistrates. Where such officers are elective, 
such women may vote for members of the board of 
assessors, members of the board of review, and for sani- 
tary district trustees. They may also vote upon all 
questions or propositions submitted to a vote of the 
electors of municipalities or other political divisions of 
the state, and at all town meetings. 

Separate ballot boxes and ballots must be provided 
for women. Where registration is required, women 
must register in the same manner as men. 

Primary Elections. The primary election laws of 
1910 provide that the primaries of all political parties 
shall be held at the same time and place and that the 
expenses thereof shall be paid out of public funds in the 
same manner as in case of regular elections. 

At primary elections each party is provided at public 
expense with separate ballots bearing a distinctive color 
and containing the names of none but candidates of that 



70 ILLINOIS AND THE NATION 

party. The names of candidates are put upon their party 
ballots by petition and in the order in which the petitions 
are filed as required by law. 

The primary election laws apply to the nomination 
of candidates for all elective offices, except presidential 
electors, trustees of the University of Illinois, township 
(so-called) and school officers. These laws also apply 
to the election of all precinct, senatorial and state central 
committeemen. An advisory vote may be taken upon 
candidates for President of the United States. 

Who May Vote. Every voter at a primary election 
is required to state the name of the party with which 
he affiliates, and one of the judges must announce the 
name of the voter, his residence, and his party affiliation 
in a distinct tone of voice, loud enough to be heard by all 
persons in the polling place. 

No person is entitled to vote at a primary election 
who shall have signed a petition for the nomination of a 
candidate of another party or of an independent candi- 
date, nor if he shall have voted with another political 
party at a primary within two years. 

Women may vote at any primary for the nomination 
of candidates for such offices as women may vote for at 
the election for which the primary is held. Separate 
ballots and ballot boxes are provided for women, their 
ballots containing only the names of candidates for 
whom women are entitled to vote. 

Plurality Vote. The person receiving the highest 
number of votes at a primary election as a candidate of 
a party for a given office becomes the nominee of his 
party for such office by virtue of such vote. Tie votes 
are decided by lot as provided by law. Party conven- 
tions no longer have anything to do with nominations 
for offices to which the primary election laws apply. 



TOWN GOVERNMENT 71 

Special Town Meetings. The supervisors, town 
clerk, and a justice of the peace, or any two of these 
officers together with at least fifteen voters of the town, 
may cause a special town meeting to be held, by filing 
with the town clerk a statement, in writing, that such 
a meeting is necessary for the good of the town. The 
objects of the meeting must be given in the statement. 

Notice of the meeting is given in the same manner, 
and for the same length of time as for annual town 
meetings. The notice must state the objects of the 
meeting as given in the written statement filed with the 
town clerk, and no business can be done except that for 
which the meeting was called. Why this provision? 

Executive Department 

Officers. The executive officers of the town are 
supervisor, clerk, assessor, collector, and highway com- 
missioners. There is no town treasurer. The supervisor 
and one of the highway commissioners have charge of 
all town funds. There is a township treasurer, but he 
holds nothing except tozvnship school funds. He is a 
school officer, and his duties will be discussed in 
CHAPTER VIII on the public school system. 

The town officers are all elected at the annual town 
meeting. 

SUPERVISORS 

Town Funds. The supervisor receives and pays out 
all funds for the expenses of the town, except for road 
and bridge purposes. 

Lawsuits of the Town. The supervisor prosecutes 
suits for the recovery of penalties and forfeitures due 



72 ILLINOIS AND THE NATION 

the town. When the supervisor's bond is forfeited, the 
town clerk prosecutes the suit. 

Account and Settlement. The supervisor must keep 
strict account of all sums of money received and paid 
out for the town, and on the Tuesday preceding the 
annual town meeting he must make a settlement with 
the board of town auditors. 

County Board. All supervisors, except of the towns 
in Cook County, must attend all meetings of the county 
board. 

Town Paupers. The supervisor is overseer of the 
paupers of the town. It is his duty to furnish them 
proper relief at the expense of the town or county. 

Statement. One week before the annual town meet- 
ing the supervisor must file with the town clerk a 
statement showing what sums of money are due the 
town, and also what sums the town owes. This state- 
ment must be copied by the town clerk into the town 
records and read at the town meeting. 

Term. Supervisors are elected for two years. 

Assistant Supervisors. In towns of four thousand 
inhabitants there must be elected one assistant super- 
visor, and for every twenty-five hundred inhabitants 
above four thousand another assistant supervisor is 
added. These have no authority in town affairs, except 
as members of the board of health. As members of the 
county board they have the same powers as the principal 
supervisor. 

TOWN CLERK 

Records. The town clerk has custody of all records, 
books, and papers of the town. 

Town Meetings. He records in a book provided for 
the purpose the proceedings of every town meeting, 



TOWN GOVERNMENT 73 

including all rules and regulations adopted at such 
meeting. He also records the acts of the board of the 
town auditors, and is clerk of highway commissioners. 

Certificates. If it be voted at any town meeting 
to raise money for any purpose, the clerk must de- 
liver to the supervisor before the annual meeting of 
the county board a certificate of his record of such 
vote. 

He must certify to the county clerk, on or before the 
second Tuesday in August, the amount of taxes to be 
raised for all town purposes. 

Elections. He provides at public expense the ballots 
to be used in the town elections. The form of this ballot 
is prescribed by law. 

Term. The town clerk is elected for two years. 

ASSESSOR 

Value of Property. It is the duty of the assessor to 
set a value upon the property of every property holder 
in his town, and to write such value in a book prepared 
for the purpose. This book, when the assessments are 
completed, is delivered to the county clerk. When all 
the assessor's books in the county have been returned 
to him, the county clerk ascertains the total valuation 
put upon the taxable property within the county. From 
the tax levies made and filed in his office by the various 
officers who are authorized to levy taxes, he ascertains 
the total amount to be raised by taxation in his county. 
By finding the percentage that this amount is of the 
assessed value of all the property, he obtains what is 
called the rate per cent of taxation. The assessed value 
of a man's property multiplied by this rate per cent 
will give the amount of his tax. 



74 ILLINOIS AND THE NATION 

Supervisor of Assessments. In counties under town- 
ship organization of less than 125,000 inhabitants, the 
county treasurer is ex officio supervisor of assessments 
in his county. He has the same power as an assessor to 
assess and to make changes or alterations in the assess- 
ment of property. 

Board of Review. In counties in which the treasurer 
is supervisor of assessments there is a board of review 
consisting of the chairman of the county board and two 
citizens of the county appointed by the county judge. 
They review the assessments made by the supervisor of 
assessments. They have power to increase, reduce, or 
otherwise adjust the assessment of any individual or 
corporation. 

Cook County, having over 125,000 inhabitants, has a 
different system. It has a board of assessors, five in 
number, who serve six years. They employ a chief 
clerk and deputy assessors. Each member of the board 
of assessors receives $3,600 per annum. . 



COLLECTOR 

Collector of Taxes. The collector, as his name 
implies, collects the taxes of the town and pays them 
over to the proper officers. 

Term. The assessor and collector are elected for two 
years. The same person may be chosen for both offices. 

HIGHWAY COMMISSIONERS 

Number. There are three commissioners of high- 
ways elected in every town. On the second Tuesday 
after their election they must meet at the town clerk's 
office and elect one of their number president. 



TOWN GOVERNMENT 75 

Treasurer. The town supervisor is ex officio treas- 
urer of the town road and bridge fund. He receives all 
money collected in the town for road and bridge pur- 
poses, and pays it out on the order of two or more of 
the highway commissioners. 

Roads and Bridges. The commissioners build, re- 
pair or vacate roads and bridges. 

Tools and Implements. The commissioners pur- 
chase for the use of the town such plows, scrapers, and 
other implements as may be necessary, and have charge 
of them at all times. 

Drainage. The commissioners have charge of road 
drainage and may contract with the owners of adjoining 
lands regarding tile drains. 

Other Duties. It is the duty of the highway com- 
missioners to put up guide boards at the forks and 
crossings of the most important public roads; also to 
keep noxious weeds from seeding. They may provide 
public wells with suitable fixtures at the most important 
crossings and at other suitable places. 

Road Tax. The commissioners must annually levy 
a tax sufficient for all road and bridge purposes for the 
ensuing year, but this tax cannot exceed the rate of 
thirty-six cents on one hundred dollars. 

Term. The highway commissioners are elected for 
three years, one being elected annually. 

TOWN BOARDS 

Board of Appointment. Whenever there is a vacancy 
in any town office, from any cause, the justices of the 
peace of the town, together with the supervisor and the 
town clerk, may choose some one to fill such vacancy for 
the remainder of the term. 



7G ILLINOIS AND THE NATION 

Board of Town Auditors. The supervisor, town 
clerk, and justices of the peace of every town constitute 
the board of town auditors. 

The board meets at the town clerk's office twice each 
year — on the Tuesday before the annual meeting of the 
county board, and on the Tuesday before the annual 
election. At these times they examine the accounts of 
the supervisor and commissioners of highways of the 
town, and audit all claims against the town and the 
salaries of all town officers, except those of supervisors 
for county services. 

Commissioner of Canada Thistles. The board of 
auditors may appoint, when necessary, a commissioner 
of Canada thistles, whose duty it is to destroy all 
Canada thistles growing in the town. He is appointed 
for three years. 

Board of Health. The supervisors, assessors, and 
town clerk of every town constitute a board of health. 
It is their duty to make and enforce, when necessary, 
such regulations as may tend to check the spreading of 
contagious diseases in the town. 

Judicial Department 

Officers. The judicial officers of the town are justices 
of the peace and constables. There are at least two 
justices and two constables in every town, and one 
justice and one constable additional for every one thou- 
sand inhabitants above two thousand, until there are 
five of each. 

Term. Justices of the peace and constables are 
elected for four years. 

In Chicago justices have been superseded by the 
judges of the municipal court. 



TOWN GOVERNMENT 77 



JUSTICES OF THE PEACE 



Civil Suits. Justices of the peace have jurisdiction 
in civil cases in which the amount in dispute does not 
exceed two hundred dollars. 

Criminal Affairs. Justices have original jurisdiction 
in all cases of misdemeanor when the punishment is by 
fine only, and the fine does not exceed two hundred 
dollars, and in all cases of assault, and assault and 
battery. 

A misdemeanor is an offense not punishable with 
death or imprisonment in the penitentiary. 

When an offense is punishable with death or impris- 
onment in the penitentiary, it is a felony. 

An assault is an attempt, coupled with present ability, 
of one person to do a violent injury to another. 

Assault and battery is the unlawful beating of 
another. 

Preliminary Examination. When a person is sus- 
pected or accused of felony, he may be arrested and 
brought before a justice for a preliminary examina- 
tion. 

If the justice, or the jury summoned by the justice, 
has just cause to believe him guilty, he is held to bail or 
sent to jail to await the action of the grand jury. 

When a prisoner is held to bail, he procures a suffi- 
cient number of responsible persons who will pledge 
themselves in writing to pay into the public treasury a 
certain sum of money, if the prisoner, being set free, does 
not appear in court on a certain day, 

After a person has had his preliminary hearing, he 
must be indicted by the grand jury before he can be 
brought to trial for a felony. 



78 



ILLINOIS AND THE NATION 



CONSTABLES 

Duties. Constables must keep the public peace by 
arresting all persons who break the laws in their pres- 
ence, and must promptly serve the writs issued by the 
justices and other magistrates. All judges and justices 
of the peace are also conservators of the peace within 
their respective jurisdictions. 

Questions and Topics for Study 

i. When is the annual town meeting held? 2. What is 
meant by primary election? 3. Name the elective township 
officers. 4. What powers have justices of the peace? 5. (a) 
What is a misdemeanor? (b) A felony? 6. (a) Make a copy 
of the following table. (b) Complete it by supplying the 
needed information. (c) Preserve for future reference. 



OFFICE 


LENGTH 

OF TERM 


SALARY 


DUTIES 


PRESENT 
INCUMBENT 


Supervisor 










Asst. Supervisor 








Town Clerk 


: 




Collector 






Assessor 










Highway Commis- 
sioners (3) 










Justices of Peace 






' 




Constable 











CHAPTER VI 
CITY AND VILLAGE GOVERNMENT 

Legislative Department 

Cities Under Special Charters. Prior to 1870, cities 
could obtain from the legislature special charters for 
their government. These charters gave the cities to 
which they were granted certain privileges, named and 
defined the duties of the officers, and were the basis of 
the city governments. The constitution of 1870 pro- 
hibits the granting of such special charters, or the amend- 
ment of those already granted. 

Cities Under the General Law. Since the adoption 
of the new constitution, all cities have been incorporated 
under the general law. The governments of cities under 
special charters often differ from one another very ma- 
terially, while under the general law all cities are gov- 
erned in the same manner. The following discussion 
applies to cities organized under the general law : 

City Council. The city council consists of the mayor 
and aldermen. 

The mayor has no vote except in case of a tie. He 
is the presiding officer, rather than a member, of the 
council. 

The aldermen are from six to seventy in number, 
according to the population of the city, and are elected 
for two years. 

Wards. For convenience in electing aldermen, cities 
are divided by the city council into half as many wards 



80 ILLINOIS AND THE NATION 

as there are aldermen, one alderman being elected from 
each ward annually on the third Tuesday in April. 
Wards must, as nearly as practicable, have an equal 
number of inhabitants, and be formed of compact and 
contiguous territory. 

Meetings. The council determines the time and place 
of its regular and special meetings. All meetings are 
open to the public. 

Powers of City Councils. The general law defines 
ninety-six different powers of city councils. The follow- 
ing are among the most important: 

Ordinances. The council passes ordinances for the 
government of the city, and fixes such penalties as it may 
deem necessary, but no fine can exceed two hundred 
dollars, and no imprisonment can exceed six months for 
one oflense. 

Animals at Large. The council may prohibit the 
running at large of animals, including geese and dogs, 
and may impose a tax on dogs. 

Taxes. The council has power to levy and collect 
taxes for general and special purposes. 

Officers. The council acts upon all appointments of 
officers made by the mayor, and may confirm or reject 
them. 

Pay of Aldermen. The pay of aldermen is fixed by 
the city council, but must not exceed three dollars to 
each alderman for each meeting of the council. No other 
compensation is allowed. In Chicago each alderman 
receives $1,500 a year. 

Executive Department 

Mayor. The chief executive officer of a city is the 
mayor, who is elected for two (in Chicago, four) years. 



CITY AND VILLAGE GOVERNMENT 81 

He presides over the meetings of the city council, and 
has a vote in case of a tie. He may also veto any ordi- 
nance passed by the council. Two-thirds of all the 
members elected to the city council may pass an ordi- 
nance over the mayor's veto. In these respects the 
mayor's duties pertain rather to the legislative depart- 
ment. 

Appointment of Officers. The mayor may, with the 
consent of the council, appoint certain officers. At such, 
times the council exercises executive power. 

Message. The mayor must present to the city coun- 
cil, at least once a year, a message regarding the affairs 
of the city, and recommend for their consideration such 
measures as he may deem expedient. 

Compensation. The compensation of the mayor and 
of all the other city officers is fixed by the council, and 
cannot be changed during the term for which they are 
elected. 

City Clerk. A city clerk is elected in every city for 
two years. He is the custodian of the corporate seal, and 
of all papers belonging to the city. He must attend the 
meetings of the city council and keep a record of its 
proceedings. He must record in a book kept for that 
purpose all ordinances passed by the council. 

City Treasurer. This officer is elected for two years 
and has charge of the city funds. His duties are much 
the same as those of the county treasurer. 

Assessor and Collector. Instead of having the city 
taxes assessed and collected by the same officers and at 
the same time as other taxes, the city may elect a city 
assessor and a city collector. 

Other Officers. By a vote of two-thirds of all the 
aldermen elected, the city council may provide for the 
election by the legal voters, or for the appointment by 



82 ILLINOIS AND THE NATION 

the mayor, of certain other officers. Among those who, 
when so appointed or elected, have executive authority, 
are a city comptroller and a superintendent of streets. 

City Comptroller. The city comptroller is the special 
guardian of the funds of the city. He has general super- 
vision over all city officers who handle the city funds, 
and makes an annual -estimate of the amount of money 
necessary to run each department of the city government 
for the ensuing year. 

Superintendent of Streets. This officer has general 
supervision of the streets. 

Judicial Department 

City Courts. In cities having five thousand or more 
inhabitants, there may be city courts which shall at all 
times have concurrent jurisdiction with circuit courts, 
except for the crimes of treason and murder. A 
judge and a clerk of the city court are elected for four 
years. 

Police Magistrates. Police magistrates, having the 
same jurisdiction as justices of the peace, may be elected 
in cities and villages for four years. 

Justices of the peace have jurisdiction in all matters 
pertaining to city and village ordinances. 

Corporation Counsel. There may be elected, or ap- 
pointed, a corporation counsel, whose relation to the city 
and its officers is much the same as that of the Attorney- 
General to the state and state officers. Only large cities 
have need of such an officer. 

City Attorney. This officer is elected in every city 
for two years. He prosecutes offenders against the city 
ordinances, advises the city council and other officers, 
and conducts the lawsuits of the city. 



CITY AND VILLAGE GOVERNMENT 83 

City Marshal and Policemen. The mayor, with the 
consent of the council, may appoint a city marshal and 
a sufficient number of policemen. The marshal is at the 
head of the police force, and has all the powers of a 
constable. The sheriff of the county, or any other con- 
stable, may serve any processes or make any arrests 
authorized to be made by the city marshal. 

The mayor and the members of the city and village 
councils are conservators of the peace, and may make 
arrests for violation of ordinances or of any criminal 
law of the state, with or without warrants. 

Trustees of Villages. Villages are governed very 
much the same as cities. In place of the city council 
there is a board of trustees, six in number, elected for 
two years. A president of the board is also elected 
every second year. He has about the same powers as the 
mayor of a city, and the trustees have powers similar 
to those of aldermen. The president has a vote only in 
case of a tie. 

The president and board of trustees may appoint a 
treasurer, one or more street commissioners, a village 
constable, and a few other officers. 

Elections. City and village elections are conducted 
under the Australian system. (See specimen ballot.) 



Questions and Topics for Study 

i. Do you live in an incorporated village? 2. If you do, 
make a list of the officers of your village and give the duties of 
each. 3. Do you live in a city? 4. If so, is it under the general 
law, special charter, or commission form of government? 
5. If your city is under the general law or special law. name 
the mayor, the aldermen from your ward, the city clerk, and 
the chief of police, 6. Has your city a city court? 



CHAPTER VII 

COMMISSION FORM OF MUNICIPAL 
GOVERNMENT 

Organization. No other governmental problem of 
our age presents so many difficulties as does the prob- 
lem of efficient control of our cities. In seeking a solu- 
tion of this problem the commission form of government 
has been evolved. It may be adopted in any city now 
under the general law which has a population not exceed- 
ing 200,000. Upon petition of a number of voters equal 
to one-tenth of the votes cast for all candidates for 
mayor or president of the board of trustees at the last 
preceding election of such officer, an election must be 
held in any such city or village for the purpose of voting 
for or against the adoption of the commission form of 
government for such municipality. If a majority of the 
votes cast are in favor of the adoption of that form of 
government, steps must immediately be taken to put the 
same in operation. 

Officers. Under this form of government there are 
elected for a term of four years a mayor and four com- 
missioners. All divisions of the municipality into wards 
are discontinued and these officers are all nominated and 
elected at large. 

Nomination and Election. Preceding every election 
of mayor and commissioners a primary at large is held 
at which the official primary ballot contains the names, 

84 



COMMISSION FORM OF GOVERNMENT 85 

in alphabetical order, of all candidates for mayor, and 
also of all candidates for commissioner. At the head of 
the list of candidates for mayor is printed, "Vote for 
one," and at the head of the list of candidates for com- 
missioner is printed, "Vote for four." 

At the election following the primary, the official bal- 
lot contains as candidates for mayor the names of the 
two persons who received the highest number of votes 
for mayor at the primary; and as candidates for com- 
missioner the names of the eight persons (if there be so 
many) who received the highest number of votes for 
commissioner at the primary. Any voter, however, can 
vote for some other person for either mayor or commis- 
sioner by writing the name of such other person in the 
proper blank space on the ballot and making a cross 
opposite the name in due form. Like the primary ballot, 
the election ballot contains the direction "Vote for one" 
for mayor and "Vote for four" for commissioner. The 
candidate for mayor and the four candidates for com- 
missioner receiving the highest number of votes at the 
election are duly declared to be elected. 

The Council. The mayor and the four commissioners 
constitute the city or village council. Each has a right 
to vote upon all questions coming before the council, and 
every member, including the mayor, present at any meet- 
ing must vote on every motion, resolution, or ordinance 
whenever a vote is taken. Every motion, resolution, or 
ordinance must be reduced to writing and read before a 
vote is taken, and upon every vote the "yeas" and "nays" 
must be called and recorded. 

The powers of the council are the same as those of 
similar bodies under the general law. The mayor has 
no veto, however. Every measure passed by the council 
must be signed by the mayor, or by two commissioners, 



86 ILLINOIS AND THE NATION 

and recorded before it shall be in force. Three members 
of the council constitute a quorum and three affirmative 
votes are necessary to pass any motion or measure. 

Executive Department. The executive powers, 
authority, and duties in "commission form" cities and 
villages are distributed among five departments, as 
follows : 

1. Department of public affiairs. 

2. Department of accounts and finances. 

3. Department of public health and safety. . 

4. Department of streets and public improvements. 

5. Department of public property. 

The council determines the powers and duties of each 
department. It also prescribes the powers and duties of 
officers and employees and assigns them to one or more 
departments. In addition, the council may make all rules 
and regulations necessary for the efficient and econom- 
ical conduct of the business of the municipality. 

The mayor is commissioner of public affairs and su- 
perintendent of that department. The council designates 
by a majority vote one commissioner to be commissioner 
in charge of one of the other departments until every 
department is provided with a commissioner who acts as 
superintendent of that department. 

Other Officers. The council, by majority vote, may 
elect the following officers : City (or village) clerk, 
treasurer, attorney, assistant attorney, corporation coun- 
sel, library trustees, and a board of local improvements. 
It may also create, fill, or discontinue offices and employ- 
ments other than the foregoing, and, by a majority vote 
of all members, may remove any officer or employee, 
except such as are within the civil service. 

Salaries. The mayor and commissioners receive sal- 
aries provided by law and classified with reference to 



COMMISSION FORM OF GOVERNMENT 87 

population and the demands of the public service upon 
their time. All other officers, assistants, and employees 
receive such salary or compensation as the council may 
provide. 

Initiative. Any proposed ordinance may be submitted 
to the council by petition signed by a certain percentage 
of legal voters as provided by law. If the proposed ordi- 
nance is accompanied by a petition signed by a number 
of voters equal to 25 per cent of the vote for all candi- 
dates for mayor at the last preceding general municipal 
election, and contains a request that such ordinance be 
submitted to a vote of the people if not passed by the 
council, then the council must either pass the ordinance 
without alteration within 30 days, or call a special elec- 
tion (unless a general election will occur within 90 days) 
at which such ordinance shall be submitted without 
alteration to the legal voters of the municipality. 

If the petition accompanying the proposed ordinance 
is signed by not less than 10 per cent nor more than 25 
per cent of the legal voters as above stated, then the 
council must either pass the ordinance without change 
within 30 days, or submit it at the next general municipal 
election, if such there be, within 90 days from the filing 
of the petition ; but no special election is called unless 
the number of voters signing the petition exceeds 25 
per cent as stated in the preceding paragraph. 

Any number of proposed ordinances may be voted 
upon at the same election, but not more than one special 
election for the adoption of ordinances can be held in 
any period of six months. Two or more proposed ordi- 
nances may be submitted separately on the same ballot. 

Referendum. With the exception of ordinances for the 
immediate preservation of public peace, health, or safety, 
and a few others, no ordinance passed by the council 



88 ILLINOIS AND THE NATION 

shall go into effect before the expiration of 30 days from 
the time of its passage. If, during the 30 days, at least 
10 per cent of the legal voters sign and present to the 
council a petition protesting against the passage of the 
ordinance, it becomes the duty of the council to recon- 
sider such ordinance. If, upon reconsideration, the 
ordinance is not entirely repealed, it must be submitted 
to a vote of the people at a general or special election. 
An ordinance so submitted does not go into effect unless 
voted for by a majority of those voting upon the ordi- 
nance at such election. 

Referendum of Franchises. Every grant of any fran- 
chise, right, or license to occupy or use the streets, alleys, 
highways, bridges, subways, viaducts, public property, or 
public places for interurban, suburban, subway, elevated, 
aerial, or street railways, gas tanks, water works, electric 
light, power, or heating plants, telegraph or telephone 
systems, or other public service utilities within the city 
or village limits, must be authorized or approved by a 
majority of the legal voters voting thereon at some gen- 
eral or special municipal election. 

Recall of Elective Officers. Every elective officer, 
except judges and other court officers, whether elected 
by a popular vote or appointed to fill a vacancy, is sub- 
ject to recall and removal at any time by the legal voters 
qualified to vote for such officer. To institute proceed- 
ings for recalling a given officer a petition demanding the 
election of his successor must be signed and presented 
to the council by at least 55 per cent of such qualified 
legal voters, computed upon the basis of the entire vote 
cast for mayor at the last preceding election. The recall 
or removal of an officer is thus brought about by the 
election of a successor before the expiration of the 
officer's term. 



COMMISSION FORM OF GOVERNMENT 89 

Abandonment of Commission Form. At any time 
after four years' operation under the "commission form," 
any municipality may abandon the same and return to 
organization under the general law. For this purpose a 
petition signed by at least 25 per cent of the legal voters 
is required. Upon the filing of such petition, the ques- 
tion of abandonment and reorganization must be sub- 
mitted to the people at the general municipal election. 

Questions and Topics for Study 

i. How may commission form of city government be se- 
cured? 2. (a) What officers are elected? (b) For what length 
of term? 3. What is meant by referendum? 4. How may an 
elective officer be recalled? 5. Find out what cities in Illinois 
have commission form of government. 6. (a) What are its 
advantages? (b) Its disadvantages? 7. (a) If you live in 
a city which is under the commission form of government, name 
your mayor and commissioners. (b) State the powers and 
duties of each. 



CHAPTER VIII 
PUBLIC SCHOOL SYSTEM 

Origin 

Ordinance of 1787. In 1787 Congress passed an ordi- 
nance for the government of the territory of the United 
States northwest of the Ohio River. The third article 
refers to education in this manner: "Religion, morality, 
and knowledge being necessary to good government and 
the happiness of mankind, schools and the means of 
education shall forever be encouraged." 

Act of Congress, 1818. In 1818 Congress passed an 
act enabling the people of Illinois to form a state consti- 
tution. Section six has the following provision : "The 
section numbered sixteen in every township, and when 
such section has been sold or otherwise disposed of, 
other lands equivalent thereto and as contiguous as may 
be, shall be granted to the state for the use of schools." 
It is further provided that three per cent of the net pro- 
ceeds from the sale of public land within the state shall 
be appropriated by the legislature of the state for the 
encouragement of learning, and one-sixth of the amount 
shall be bestowed exclusively upon a college or 
university. 

State Constitutions. Neither the Constitution of 
1818 nor that of 1848 makes any special mention of 
education. The Constitution of 1870, on the contrary, 
has an entire article devoted to the subject, and declares 

90 



PUBLIC SCHOOL SYSTEM 91 

that "the General Assembly shall provide a thorough and 
efficient system of free schools, whereby all children of 
the state may receive a good common school education." 
Laws of the State. The first law providing for the 
establishment of free schools was passed in 1825. Many 
changes have since been made, some of which destroyed 
for a time the free school feature of the system. 

Relation to State Government 

The public school system, though distinct in its pur- 
pose, is intimately connected with the government of the 
state in civil affairs. The General Assembly is the law- 
making power, and the ordinary courts have jurisdiction 
in school matters. But there are several executive officers 
who have to do with school matters only. 

With reference to the school system the state is 
divided into counties, townships, and school districts. 

School Funds 

State Funds. The state school fund is made up from 
three distinct sources. 

Direct Tax. Prior to 1873 a tax of two mills upon 
each dollar's valuation of property in the state was levied 
for school purposes. From 1873 to 1911 the legislature 
provided for a levy for the state school fund (in lieu 
of the two-mill tax) of $1,000,000 annually. The levy 
for this fund is now $3,000,000 annually. 

Interest on the School Fund Proper. The school fund 
proper consists of three per cent of the proceeds of the 
sales of public lands in the state, one-sixth part excepted. 
It is one of the permanent school funds of the state. It 
is called a permanent fund because no part of the fund 



92 ILLINOIS AND THE NATION 

itself, but only the interest upon it, can be expena^d. 
The interest on this fund is made a part of the state 
school fund. The one-sixth part of the proceeds ex- 
cepted is known as the "college fund." 

Interest on the Surplus Revenue. In 1836 Congress 
passed an act depositing with the states, in proportion to 
their representation in Congress, the money that had 
accumulated in the national treasury — chiefly from the 
sale of public lands. Prior to this an unsuccessful at- 
tempt had been made to distribute this money among 
the states as a gift from the nation. The objections to 
this plan were overcome by depositing the money with 
the states subject to return at call by Congress. About 
$28,000,000 was deposited in this way, and none of it 
has ever been called for. Illinois received $477,919.24. 

When Illinois received her share, the General Assem- 
bly, in 1837, made a large part of it (the "surplus reve- 
nue," as it is called) a part of the permanent common 
school fund. The interest on this is annually distributed 
among the schools of the state. The interest on the state 
school fund is paid by the state at the rate of six per 
cent per annum. 

State Superintendent of Public Instruction 

State Certificates. The State Superintendent grants 
state certificates of the first, second, and third grade to 
such persons as may be qualified to receive them, and 
may suspend or revoke any such certificate for incompe- 
tency, immorality, or other unprofessional conduct. 

Appeals. He hears and determines all controversies 
arising under the school laws of the state coming to him 
by appeal from a county superintendent of schools. 

Counsel with Teachers. He is to counsel and advise 



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PUBLIC SCHOOL SYSTEM 93 

with experienced and practical school teachers as to the 
best manner of conducting common schools. 

Supervision. He has the supervision of all the com- 
mon schools in the state. 

Advisory Duties. He is the general advisor and 
assistant of county superintendents of schools, and from 
time to time addresses circular letters to them relating 
to school matters. He is the legal advisor of all school 
officers, and when requested by any such officers, gives 
his opinion in writing upon any question arising under 
the school law of the state. 

Report. The State Superintendent reports biennially 
to the Governor, giving the condition of the schools of the 
state ; the number of schools in each county ; certain 
facts regarding the number of male and female teachers ; 
the number of pupils in attendance at school ; the num- 
ber of persons in each county under twenty-one years of 
age, and the number of persons between the ages of 
twelve and twenty-one who can not read and write; 
the amount of county and township funds, and the 
amount of state, county, and township funds annually 
paid out; the amount raised by taxation; the whole 
amount annually expended for schools ; the number of 
schoolhouses, and their kind and condition ; the number 
of whole and fractional townships in each county ; facts 
about apparatus and school libraries ; and other facts 
relating to schools. He is also to give suggestions re- 
garding changes in the school law. This report is laid 
before the General Assembly at its regular session, and 
is printed for free distribution. 

Funds Withheld. The State Superintendent has 
power to cause funds to be withheld from any school 
officer or teacher who has not complied with all the 
requirements of the law. 



94 ILLINOIS AND THE NATION 

Bond. The State Superintendent gives a bond for 
$25,000. 

Salary. He receives a salary of $7,500 a year. 

County Superintendent of Schools 

Accounts. The county superintendent must keep an 
account of all sales of common school lands in his 
county, and of all sums of money received, loaned, or 
paid out. 

Report to County Board. He must present a written 
report to the county board at its regular meeting in Sep- 
tember, giving a full statement of all sums of money in 
his charge since his last report, together with a statement 
of the condition of the county and township funds in his 
charge. 

Township Treasurers. The county superintendent 
must examine all bonds given by township treasurers, 
and approve them or return them for correction. When 
they have been approved, he must pay over to the treas- 
urers all sums of money, and all bonds, notes, and other 
securities and papers belonging to their respective 
townships. 

Apportionment. He must apportion among the town- 
ships in which schools have been legally conducted, the 
money received upon the auditor's warrant from the 
state fund, together with the interest on the county fund, 
if there be one. He must see that every treasurer's 
bond is valid before paying him the sum apportioned for 
his township. In case the directors of any district have 
not made their annual report, he withholds their share 
of the funds. 

Report to State Superintendent. He must report to 
the State Superintendent such facts as the latter may 



PUBLIC SCHOOL SYSTEM 95 

require to assist him in making up his report to the 
Governor. 

Advisory Duties. In controversies arising under the 
school law, the opinion and advice of the county superin- 
tendent must first be sought, but appeal may be taken 
to the State Superintendent. The county superintendent 
stands in much the same relation to the school officers 
and teachers of the county as the State Superintendent 
stands to those of the whole state. 

Treasurers' Accounts. "The county superintendent 
must examine annually all accounts, books, and vouchers 
of every township treasurer in his county, and report to 
the school trustees any irregularities he may find. 
He must also examine all bonds, notes, and other 
securities for school funds held by every treasurer, and 
see that they are of proper form and have sufficient 
security. 

Teachers' Associations. He must encourage the for- 
mation, and assist in the management of county teachers' 
associations. 

Examinations. He must hold examinations for teach- 
ers' certificates at least three times each year upon ques- 
tions furnished by the state examining board. 

Fee for Certificate. The county superintendent must 
in all cases require the payment of a fee of one dollar 
from every applicant for examination for a teachers' cer- 
tificate, and for each renewal of a certificate. He must 
pay the money received in this way to the county treas- 
urer, and give him also a list of the names of persons 
paying the fees. The county treasurer keeps account of 
such fees as a part of what is known as the "institute 
fund." 

Teachers' Institutes. The county superintendent 
must hold, annually, a teachers' institute, which must 



96 ILLINOIS AND THE NATION 

continue in session at least five days. Two or more 
adjoining counties may hold an institute together. 

Instruction is free at such institutes to persons hold- 
ing certificates good in the county, or counties, for which 
the institute is held, and also to those who have paid 
the required fee and failed to receive certificates. All 
other persons must pay a registration fee of one dollar. 
The registration fees are added to the institute fund, 
which is held subject to the order of the county super- 
intendent, and is used only to defray the expenses of 
teachers' institutes. 

Institutes During Term Time. The time not exceed- 
ing three days in any one term, or five days in any one 
year, actually spent by a teacher of any public school in 
the state in attendance upon a teachers' institute, under 
the direction of the county superintendent, is considered 
time lawfully expended by the teacher in the service of 
his district, and no deduction of wages can be made for 
absences. Directors must allow teachers to close their 
schools for such attendance upon these institutes. 

Visiting Schools. Prior to 1885, the county superin- 
tendent visited schools only when directed to do so by 
the county board, or, in other words, the county board 
could pay him for visiting schools, or not, just as it 
pleased. As a rule, few superintendents visited schools 
more than a few days each year. 

Under the present law the county superintendent 
must visit every school in his county at least once a year. 
He is to spend at least one-half of the time given to his 
office in visiting ungraded schools. 

Revocation. The county superintendent may suspend 
or revoke any teachers' certificate issued by him upon 
evidence of immorality, incompetency, unprofessional 
conduct, or other just cause. Refusal to attend or par- 



PUBLIC SCHOOL SYSTEM 97 

ticipate in, or indifference or antagonism toward insti- 
tutes, teachers' meetings, professional readings, or other 
reasonable requirements of the county or state superin- 
tendents, may be considered unprofessional conduct. 

General Duties. The county superintendent gives to 
teachers and school officers such directions in the science, 
art, and methods of teaching, and in regard to courses of 
study as he may deem expedient. He acts as the official 
adviser and constant assistant of the school officers and 
teachers of his county and carries out the advice of the 
state superintendent. It is the duty of the- county super- 
intendent to labor in every practicable way to elevate the 
standard of teaching and improve the condition of the 
public schools. He determines, upon appeal from school 
trustees, matters concerning district boundaries. 

Bond. The county superintendent gives a bond for a 
sum not less than $12,000, to be increased at the discretion 
of the county board, by whom it must be approved. 

Compensation. County superintendents elected after 
1909 receive annual salaries based upon the population of 
their respective counties (census of 1900), as follows: 
Population not exceeding 12,000, $1,250; 12,000 to 20,000, 
$1,500; 20,000 to 28,000, $1,800; 28,000 to 36,000, $2,000; 
36,000 to 50,000, $2,250; 50,000 to 75,000, $2,500; 75,000 
to 100,000, $2,750 ; exceeding 100,000, $7,500, all payable 
quarterly from the state school fund. What is the county 
superintendent's salary in your county? 

Examining Board 

Members. This board consists of the State Superin- 
tendent of Public Instruction, who is ex officio chairman, 
one person engaged in educational work appointed by 
the State Superintendent for four years, and three county 



98 ILLINOIS AND THE NATION 

superintendents, each to serve three years. One of the 
county superintendents is appointed anually by the State 
Superintendent upon the recommendation of the county 
superintendents' section of the state teachers' associa- 
tion at its annual meeting. 

Examinations. The Examining Board causes exam- 
inations for county teachers' certificates to be held at 
least three times each year under such rules as the board 
may prescribe. Questions for each examination must be 
uniform throughout the state and are prepared by the 
Examining Board and sent to county superintendents 
under seal. The seal in each case is broken by the county 
superintendent only at the time of opening the exam- 
ination and in the presence of the applicants. The county 
superintendent conducts the examination in his county 
and forwards all papers to the Examining Board. 

The grades are then returned to the county super- 
intendent, who issues certificates of proper grade to such 
applicants as have passed the examination ; provided, in 
each case, that he deems the personality of the applicant 
and his or her general qualifications other than scholar- 
ship, to fit such person for the work to be performed 
under the certificate sought. Seven different grades or 
kinds of certificates may be issued by county superin- 
tendents upon such examinations or otherwise as pro- 
vided by law. 

Expenses. The members of the Examining Board 
receive their necessary traveling or other expenses in- 
curred in connection with their duties as members of the 
board. 

Trustees of Schools 

Election. The business of the school township is 
done by three trustees, one of whom is elected on the 



PUBLIC SCHOOL SYSTEM 99 

second Saturday in April, annually. In cases where the 
boundaries of the school township coincide and are 
identical with the boundaries of the town, as established 
under the township organization laws, the election for 
school trustees is held at the same time as the annual 
town meeting. This is on the first Tuesday in April. 

Term. School trustees are elected for three years. 

Meetings. The trustees hold regular semi-annual 
meetings on the first Monday of April and October, and 
such special meetings as may be necessary. 

Appointment of Township Treasurer. The board of 
trustees appoint one of their number president, and 
some resident of the town, who is neither a trustee nor 
a school director, township treasurer. 

Division of Township into Districts. The board of 
trustees divide their township into a suitable number of 
districts for the convenience of a majority of its inhabi- 
tants. After districts have been formed, they may be 
changed by the trustees so as to divide or consolidate 
districts, to make a new district out of territory belong- 
ing to two or more districts, or to take territory from 
one district and add it to another. In such cases the 
trustees can act only upon the petition of a majority of 
the legal voters of each district affected, or of two-thirds 
of the voters in a certain territory when such territory is 
to be added to another district, or made into a separate 
district. In the latter case the territory must contain at 
least ten families. 

Distribution of Funds. At the regular semi-annual 
meetings the trustees ascertain the amount of state, 
county, and township funds on hand and subject to dis- 
tribution, and apportion it among the districts con- 
ducting schools according to law, in proportion to the 
number of persons under twenty-one years of age in 



100 ILLINOIS AND THE NATION 

each. The amount apportioned to each district is placed 
to its credit on the treasurer's books, and is paid out 
upon the orders of the directors of the district. 

The township fund consists mainly of the proceeds of 
the sale of the sixteenth section, and the interest thereon. 
The interest only is apportioned to the districts. The 
principal must forever be loaned for the use of the 
township. 

Examination of Accounts. At their semi-annual 
meetings, and at other times if they think proper, the 
board examines all books, notes, mortgages, and other 
papers belonging to the township, and sees that the 
funds are properly managed. 

Township High Schools. The voters of the township 
may elect to establish a township high school for the 
education of the more advanced pupils. In this case a 
township board of education of five members has charge 
of the school in all respects the same as directors in the 
case of district schools. 

Compensation. The trustees of schools give no bonds 
and receive no compensation for their services. In coun- 
ties under township organization they are exempted from 
road labor and military duty. 

Township Treasurer 

Clerk of Board of Trustees. The township treasurer 
is clerk of the board of trustees of his township. He 
keeps a record of all the official proceedings of the board. 

Report to County Superintendent. As clerk of the 
board of trustees, he reports to the county superintendent 
such facts as the latter must report to the State Super- 
intendent. 

Care of Funds. The township treasurer is custodian 



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PUBLIC SCHOOL SYSTEM 101 

of the school money of the township and the several dis- 
tricts. It is his duty to keep the school funds at interest. 

Semi-Annual Statement. At each regular meeting of 
the trustees he must present to them a full statement of 
the affairs of the township, and lay before them all 
papers pertaining to his office. 

Annual Exhibit. He must annually make out a com- 
plete statement of the sums of money received, paid out, 
and on hand, with reference to the township and each 
school district, and present it to the trustees at their first 
meeting after the annual election. 

Statement to Districts. Twice each year the town- 
ship treasurer must make out a statement for each dis- 
trict, giving an itemized statement of receipts and expen- 
ditures since the last report, and showing the sum of 
money to which the district is entitled at the time of the 
statement. This statement must be sworn to by the 
treasurer and delivered to the clerk of the board of 
directors for the district. 

Statement to County Superintendent. The township 
treasurer must make an annual statement, under oath, to 
the county superintendent, showing the exact condition 
of the township funds. 

Term. The township treasurer is appointed for two 
years. 

Bond. He gives a bond sufficient to cover all lia- 
bilities incurred. 

Compensation. The compensation of the township 
treasurer is fixed by the board of trustees prior to his 
appointment. 

School Directors 

Election. Each school district of less than 1,000 
inhabitants has three directors, one being elected an- 



102 ILLINOIS AND THE NATION 

nually on the third Saturday in April at the district elec- 
tion. Election notices must be posted at least ten days 
before the election, stating the place of holding the elec- 
tion, the time of opening and closing the polls, and the 
questions to be voted upon. The question of building 
a schoolhouse, moving one already built, extending 
school beyond nine months, and some other questions 
may be voted upon, if due notice has been given. 

Organization. Within ten days after the annual elec- 
tion, the directors meet and organize by appointing one 
of their number president and another clerk. The presi- 
dent presides at the meeting, and executes the orders 
of the board. 

Record. The clerk must keep a record of all the pro- 
ceedings of the board in a book provided for the purpose, 
and must submit the records to the inspection of the 
township treasurer on the first Monday of April and of 
October. 

Reports. The clerk must report to the township 
treasurer on or before the seventh day of July, annually, 
such facts as the treasurer is required to report to the 
county superintendent. 

Statement to Voters. The directors must present to 
the voters of the district at the annual election a detailed 
statement of their receipts and expenditures, and a copy 
of this statement must be furnished the township treas- 
urer within five days of the time of the election. 

Meetings. The directors must have regular meetings 
at such times as they may designate, and may hold spe- 
cial meetings when necessary. No business can be 
legally transacted except at a regular or special 
meeting. 

Power to Levy Tax. The directors may levy a tax not 
to exceed \ J / 2 per cent for educational, and I3/2 per cent 



PUBLIC SCHOOL SYSTEM 103 

for building purposes, upon all the taxable property of 
the district. In districts containing not less than 1,000 
nor more than 100,000 inhabitants and operating under 
the general school law, the tax for educational purposes 
may be as high as 2 per cent when authorized by a vote 
of the district, but the total school tax must not exceed 
3 per cent. 

The directors ascertain as nearly as they can the 
amount of money necessary to be raised by taxation in 
their district, and certify to the township treasurer on 
or before the first Tuesday in August, annually, that 
such an amount is needed. The directors first determine 
how much money will be needed for all purposes for the 
next year, and knowing from the treasurer's statement 
the amount of state, county, and township funds due their 
district by apportionment, they are enabled to determine 
the amount necessary to be raised by special tax. 

School Year. The directors establish and maintain 
for at least six months of actual teaching a sufficient 
number of free schools for the accommodation of all chil- 
dren in the district over the age of six, and under the age 
of twenty-one years. Unless the school is conducted at 
least six months, the district cannot receive any of the 
state fund apportionment. 

Rules for the School. The directors must adopt and 
enforce necessary rules and regulations for the proper 
management and government of the schools. 

Visiting Schools. The directors must visit the 
schools from time to time as the good of the schools may 
require. 

Employment of Teachers. The directors employ 
teachers, fix their salaries, and may dismiss them for 
incompetency, cruelty, negligence, immorality, or other 
sufficient cause. Directors cannot legally employ a 



104 ILLINOIS AND THE NATION 

teacher unless he has a certificate from the county 
superintendent good for the whole time for which he is 
employed. 

Branches of Study. They must direct what branches 
of study shall be taught, and what textbooks and appar- 
atus shall be used. They must enforce strict uniformity 
of textbooks, but a change of textbooks cannot be made 
oftener than once in four years in any given study. 

Schedules. The directors must examine the sched- 
ules presented by the teacher and certify to their 
correctness if no mistakes be found in them. They must 
then give the teacher an order upon the township treas- 
urer for his pay. The schedules must be delivered by the 
directors to the township treasurer on or before the 
seventh of July annually. 

Compulsory Attendance. Any person having control 
of any child between the ages of seven and sixteen years, 
shall annually cause such child to attend some public or * 
private school for the entire time it is in session — which 
must be not less than six months. Neglect of such duty 
renders persons having charge of such child subject to 
a fine of not less than $5 nor more than $20. 

School boards and directors must appoint one or more 
truant officers to report to them in writing all violations 
of this law and to enter complaint against all persons 
who are guilty of such violations. These officers may 
also arrest truant children and place them in charge of 
the proper teacher. 

Transfer of Pupils. Pupils may be transferred from 
one district to another upon the written permission of 
the boards of directors of both districts. Such permits 
must be filed with the township treasurer. 

High School Privileges. By a law passed in 1913, 
graduates of the eighth grade (or of the ninth and tenth 



PUBLIC SCHOOL SYSTEM 105 

grades if there be such) in any school district having no 
public high school may attend some public high school 
under certain conditions, at the expense, for tuition, of 
the home district. 

Compensation. Directors give no bond and receive 
no compensation for their services. The directors may 
allow their clerk compensation for work actually per- 
formed. In counties under township organization, 
directors are exempt from road labor and military duty. 

Boards of Education 

Members. In each school district having not less 
than one thousand, nor more than one hundred thousand 
inhabitants, a board of education is elected. This board 
consists of six members and a president, who has no 
vote except in case of a tie. Three additional members 
are elected for every additional ten thousand inhabitants, 
but no board can have more than fifteen members. In 
each city of more than one hundred thousand inhabitants, 
a board of education, consisting of twenty-one members, 
is appointed by the mayor with the consent of the city 
council. Prior to 1870 many cities obtained special char- 
ters for the government of their schools, and so form 
exceptions to the above provisions of the general law. 

Citizenship 

Good Citizenship. Realizing the importance of good 
citizenship, the legislature, in 1905, added Civics and the 
History of Illinois to the list of common school studies. 
It is now the duty of all public schools not only to teach 
the fundamental principles and practical workings of our 
national, state, and local government, but also to instill 



106 ILLINOIS AND THE NATION 

a healthy and justifiable state and local pride together 
with correct ideas concerning the rights and duties of 
citizenship. This duty so laid upon the public schools 
by law is emphasized by the law of 1913 granting greatly 
enlarged voting rights to women. Our boys and our 
girls as well must be trained to participate wisely in 
primaries and in elections so that men of character and 
intelligence may be selected to make, to administer, and 
to adjudicate our laws. They must be taught to make 
political parties servants — not masters. 

Duties of Voters. It is the duty of every person to 
whom the ballot is given in connection with any public 
affair, question, or office to exercise this right, intelli- 
gently and honestly, on every practicable occasion; to 
investigate carefully and with an open mind all questions, 
policies, or platforms to be voted upon ; and to deter- 
mine, so far as possible, the character and fitness of all 
candidates for office. 

Duties of All Citizens. In return for the individual 
rights which are not only granted by our government 
but; protected and even enforced by it, all persons, 
whether voters or not, should discharge promptly and 
honestly all their debts or other obligations, both to the 
public and to all individuals; they should not attempt 
to defeat justice nor to interfere in any way or degree 
with the religious beliefs of others; they should in all 
cases have due regard for other people's property as well 
as for the persons of others; they should allow to all 
others that complete freedom of speech which they them- 
selves desire, and should refrain from all sayings that 
slander or unjustly injure others; they should respond 
cheerfully when summoned as jurors and willingly as 
witnesses by whomsoever called ; and finally, they should 
faithfully assist both state and nation in every way. 



PUBLIC SCHOOL SYSTEM 107 

Rights of the Citizen. The relation of the citizen to 
the state and of the state to the citizen are reciprocal. 
The citizen who performs his duties and fulfills his 
obligations to the state is entitled as of right to the full 
benefits and protection of his government. He should 
at all times demand of those who are chosen to admin- 
ister the government in its various functions that they 
do so faithfully, efficiently, economically, and without 
fear or favor. To the just pride which a citizen should 
have in the government of his country, there may well 
be added a feeling of personal pride, or at least of con- 
gratulation, that he is an integral part of that govern- 
ment although he may hold no office whatsoever; for in 
the United States of America all the benefits of govern- 
ment originate in the people themselves, and from the 
people all the power of government is derived. 

Questions and Topics for Study 

i. When were our free schools first established? 2. What 
are the sources of our school funds in Illinois? 3. (a) What 
officer is at the head of the public school system of the state? 
(b) State three of his duties. 4. How are teachers' county 
certificates obtained? 5. Are the trustees of schools in your 
township elected at same time as your town officers? 6. (a) 
What are the duties of the county superintendent? (b) For 
what length of term elected? (c) Upon what does his salary 
depend? 7. What are the provisions of the high school attend- 
ance law passed in 1913? 



CHAPTER IX 
MISCELLANEOUS 

State Educational Institutions 

The state has made provision for the professional 
training of teachers for the schools of the state by 
establishing and liberally supporting five state normal 
schools located as follows : Illinois State Normal Uni- 
versity, Normal ; Southern Illinois Normal University, 
Carbondale ; Eastern Illinois State Normal School, 
Charleston ; Western Illinois State Normal School, 
Macomb ; and Northern Illinois State Normal School, 
DeKalb. These . schools are governed by boards 
appointed by the Governor. 

The University of Illinois, supported by the state, is 
located at Urbana. It is controlled by a board^of trustees 
elected by the voters of the state. 

(For a more extended discussion of the state's educa- 
tional institutions, see Part II.) 

Illinois Farmers 1 Institutes 

Farmers' institutes are encouraged by the state by 
contributions to their support. 

State Charitable Institutions 

Control. The state board of administration controls 
all the charitable institutions, including ten hospitals for 

10s 



MISCELLANEOUS 109 

the insane located as follows : Alton, Elgin, Kankakee, 
Jacksonville, Anna, Watertown, Peoria, Chester, Chi- 
cago, and Joliet. Those at Chester and Joliet are for 
insane criminals. The same board controls the school 
for the deaf and dumb at Jacksonville, the one for the 
blind at Jacksonville, and the one for the feeble minded 
children at Lincoln. 

This board also controls the Eye and Ear Infirmary, 
Chicago ; the Soldiers' Orphans' Home, Normal ; Sol- 
diers' and Sailors' Home, Quincy; Soldiers' Widows' 
Home of Illinois, Wilmington ; Illinois Industrial Home 
for the Blind, Chicago ; State Training School for Girls, 
Geneva ; and St. Charles School for Boys, St. Charles. 

Provision has been made for a State Colony for 
Epileptics and an Illinois Surgical Institute for Children. 

(For a fuller discussion of these institutions, see 
Part II.) 

State Penal and Reformatory Institutions 

Illinois State Penitentiary. This institution is located 
at Joliet, Will County. It is under the control of a board 
of commissioners. The commissioners meet at the peni- 
tentiary once a month for the purpose of inspecting it 
and receiving the reports of the warden and other officers. 
They make a biennial report to the Governor. Each 
commissioner must give a bond for $25,000. His salary 
is $1,500 a year. 

Southern Illinois Penitentiary. This penitentiary is 
located at Chester, Randolph County. It is controlled by 
a board of commissioners similar to that for the peni- 
tentiary at Joliet. 

Convict Labor. In 1886 an amendment to the state 
constitution was adopted, prohibiting the letting by con- 



110 ILLINOIS AND THE NATION 

tract to any person or corporation the labor of any 
convict confined within any penal or reformatory insti- 
tution of the state. The state now furnishes the tools, 
machinery, and materials necessary to keep all the con- 
victs employed, and offers for sale the products of their 
labor. 

Illinois State Reformatory. This institution, formerly 
known as the State Reform School, is located at Pontiac, 
Livingston County. It is for the confinement, education, 
and reformation of boys between the ages of ten and 
sixteen years, who have been convicted of crimes, which, 
if committed by an adult, would be punishable with im- 
prisonment in the county jail or the penitentiary. Male 
criminals between the. ages of sixteen and twenty-one 
years, who have not before been sentenced to a peniten- 
tiary, may also be sentenced to the reformatory instead 
of a penitentiary, at the discretion of the court. 

Persons are not sentenced to the reformatory for any 
definite time, and the board of managers may terminate 
the sentence at any time. Unless the sentence is sooner 
terminated by the managers, it will expire with the maxi- 
mum time fixed by law for the given crime. The man- 
agers have power to release prisoners on parole during 
good behavior. 

The reform school is managed by this board of man- 
agers, five in number, who receive traveling expenses 
while on necessary business for the institution. They 
serve five years. 

The State Militia 

Citizen Soldiers. The militia, or, as it is sometimes 
called, the citizen soldiery of the state, consists of all 
able-bodied men residing within the state, who are be- 



MISCELLANEOUS 111 

tween the ages of eighteen and forty-five. Certain per- 
sons, however, are exempted from military duty by the 
laws of the United States or of this state. While all the 
able-bodied men, with few exceptions, are liable to be 
called upon to bear arms, only those who have volun- 
tarily formed themselves into organized companies and 
regiments are called out by the Governor so long as these 
are sufficient in number. 

All officers of the militia are commissioned by the 
Governor. The Governor himself is Commander in 
Chief. 

Adjutant General. The chief officer of the militia, 
next to the Commander in Chief, is the Adjutant Gen- 
eral. The Governor issues his orders to the militia 
through the Adjutant General. His salary is -$5,000 a 
year. 

State Boards and Commissions 

In administering the different institutions, properties, 
and statutes of the state many boards and appointive 
officers are necessary. The principal ones are as follows : 

(a) Those composed of certain state officers, usually 
the Governor and two or more of the other elective 
officers : 

Joint Legislative Reference Bureau 
Canvassing Board 
Commissioners of State Library 
Trustees of Natural History Museum 
Lincoln Homestead Trustees 
Lincoln Monument Commissioners 
Commissioners of State Contracts 
State Geological Commission 



112 ILLINOIS AND THE NATION 

(b) Those appointed by the Governor: 

Board of Administration 

State Public Utilities Commission 

Game and Fish Conservation Commission 

State Civil Service Commission 

State Mining Board 

State Examining Board 

Mining Investigation Commission 

Mine Rescue Station Commission 

State Art. Commission 

Live Stock Commissioners 

Commissioners of Labor 

Charities Commission 

State Highway Commission 

Rivers and Lakes Commission 

Board of Pharmacy 

State Board of Health 

State Boarcf of Arbitration 

State Board of Pardons 

Canal Commissioners 

Illinois Park Commission 

Trustees of State Historical Library 

Industrial Board 

State Board of Examiners of Architects 

State Board of Dental Examiners 

State Board of Nurse Examiners 

Board of Examiners for Barbers 

(c) The following boards elected by the people or 
their representatives : 

State Board of Equalization 
State Board of Agriculture 
State Horticulture Society 



MISCELLANEOUS 113 

(d) The following appointive officers : 

State Geologist 

Supervising Engineer 

State Deporting Agent 

Game Wardens 

Fish Culturist 

Weigh-Masters 

State Architect 

State Food Commissioner 

Insurance Superintendent 

Factory Inspector 

Inspector of Coal Alines 

Grain Inspectors 

Inspector of Apiaries 

State Fire Marshal 

Printer Expert 

State Veterinarian 

State Highway Engineer 

State Entomologist 

Officers for Prevention of Cruelty to Animals 

Commissioners of Deeds 

Public Administrators 

Notaries Public 

The Joint Legislative Reference Bureau through its 
secretary collects and keeps on file such information as 
may be helpful to members of the legislature in forming 
laws. 

The Canvassing Board canvasses the votes and 
announces the results of state elections. 

The Commissioners of State Contracts have charge 
of the letting of state contracts such as for fuel and 
printing. 



114 ILLINOIS AND THE NATION 

The State Board of Equalization elected by the people 
and consisting of one member from each congressional 
district and the State Auditor examines and equalizes 
the tax assessments and assesses the stock and fran- 
chises of corporations. 

The State Board of Agriculture, composed of rep- 
resentatives from the different congressional districts, 
has charge of the state department of agriculture and 
the state fair and stock shows. 

The Board of Administration is composed of five 
members appointed by the Governor. They give their 
entire time and receive a salary of $6,000 a year. The 
board has entire charge of all of the state charitable 
institutions including the hospitals for the insane. 

The • State Public Utilities Commission, recently 
established by law, consists of five members appointed 
by the Governor. The salary of each member is $10,000 
a year. This is one of the most important of the state 
boards. It has supervision of all public utilities within 
the state, and has power to compel all railroad, express, 
sleeping car, telegraph, telephone, steamboat, electric 
light, gas, heat, power and warehouse companies to serve 
the people with reasonable efficiency and at equitable 
rates. 

The State Highway Commission, consisting of three 
members appointed by the Governor, has general over- 
sight of all highways, roads, and bridges constructed by 
the state or with state aid. The salary of each member 
is $10,000 per year. 

The Industrial Board, consisting of three members 
appointed by the Governor at a salary of $4,000 a year, 
is another one of the recently authorized boards. It has 
jurisdiction over the administration of the employers' 
liability law. 



MISCELLANEOUS 115 

Notaries Public, appointed by the Governor, have 
authority to administer oaths, take depositions, and 
receive acknowledgments of legal instruments such as 
deeds and mortgages. 

The State Fire Marshal, appointed by the Governor, 
investigates the cause and origin of fires, makes recom- 
mendations on ways to prevent fires, and prosecutes 
those charged with arson. 

The State Food Commissioner, appointed by the Gov- 
ernor at a salary of $3,600 per year, enforces laws which 
seek to insure pure food for the citizens of the state. 

The duties of many of the other boards and officers 
are suggested by their titles. An extended discussion 
of them will be found in Part II. 

Questions and Topics for Study 

i. Name and locate the five state normal schools. 2. What 
is the state militia? 3. For what purpose do we have the state 
board of agriculture? 4. What powers has a notary public? 



CHAPTER X 

NATIONAL GOVERNMENT 

Historical Sketch 

Declaration of Independence. July 4, 1776, the date 
of the adoption of the Declaration of Independence, may 
be regarded as the beginning of our national existence. 

In this connection, review our colonial history suf- 
ficiently to understand the need and the nature of the 
Declaration of Independence. 

Articles of Confederation. Immediately after the 
adoption of the Declaration of Independence, a plan was 
proposed for the union of the states, but it did not meet 
with approval. 

In 1777, the Articles of Confederation were agreed to 
by Congress, and were to be in force when ratified by 
all of the states. Ten states ratified them the next year, 
but the remaining states failed to do so promptly. Indeed, 
Maryland withheld her ratification till 1781, nearly five 
years after the Declaration of Independence, and only 
six months before the surrender of Cornwallis practically 
closed the Revolutionary War. 

The Articles of Confederation were faulty in many 
particulars. Congress consisted of one house, the mem- 
bers of which were chosen annually by the several states, 
and could be recalled at pleasure. Members were paid 
by the state they represented. East state had one vote, 
which was determined by a majority of its delegates. 

no 



NATIONAL GOVERNMENT 117 

The vote of two-thirds of the states was necessary to 
authorize any important action. No provision was made 
for an executive department, nor for a judiciary. Thus 
Congress could declare war, but could not compel the 
states to furnish men and supplies. It could make peace, 
treaties, and alliances, but any state could violate the 
provisions of these with impunity. It could apportion 
taxes among the states, but had no authority to collect 
them. It could borrow money, but could not compel 
its repayment. It could coin money, but had no power 
to purchase the necessary gold and silver. It could 
appoint ambassadors, but could not pay even their 
expenses. 

So insufficient were the Articles that a convention was 
called by Congress to meet at Philadelphia in May, 1787, 
for the express purpose of revising them. This con- 
vention was attended by delegates from every state but 
Rhode Island. Two of the three delegates from New 
York returned home before the final action was taken, 
leaving that state without a vote. 

The Constitution. The Articles were found to be 
faulty in theory as well as practice, and, after consider- 
able discussion, the convention decided to abandon them 
and prepare a constitution on another plan. The result 
was the present Constitution, agreed to September 15, 
1787, and soon after reported to Congress together with 
a recommendation that it be submitted for ratification 
to the conventions held in the several states for that 
purpose. The Constitution was submitted as recom- 
mended and was ratified by eleven states in 1788. North 
Carolina ratified it in 1789, and Rhode Island in 1790. 
"Little Rhody" was practically forced into the Union. 
The other states were preparing to treat her as a foreign 
power, and to restrict her commerce by taxing goods 



118 ILLINOIS AXD THE NATION 

imported from Rhode Island. When she entered the 
Union, she retained the old charter granted by Charles II 
in 1663, and its abandonment in favor of a state constitu- 
tion in 1842 led to Dorr's Rebellion. 

The ratification of nine states was necessary to give 
effect to the Constitution. It went into operation on 
the first Wednesday in March, 1789. As this was the 
fourth of March, the terms of the presidents begin on that 
day. On account of various delays, however, Wash- 
ington was not inaugurated the first time until April 
30, 1789. 

Legislative Department 

Congress. The legislative power of the national gov- 
ernment is vested in a congress which consists of two 
houses — the Senate and the House of Representatives. 

House of Representatives. The House of Repre- 
sentatives, or the "lower house," is composed of members 
elected by the people of the several states. The members 
are elected for two years. 

Any person legally qualified to vote for members of 
the most numerous branch of his state legislature may 
vote for a Representative in Congress. This implies 
that all states are to have more than one legislative 
branch, and, as Representatives to Congress are elected 
by the people, the members of the most numerous 
branch of the state legislature are to be elected in the 
same manner. Each state prescribes the qualifications 
of voters for members of its legislature. From this it 
follows that by moving from one state to another a 
man may gain or lose the right to vote for a Rep- 
resentative in Congress. No state has made the quali- 
fications of voters for a Representative to be different 



NATIONAL GOVERNMENT 119 

from those of voters for state and local officers, so that, 
as a matter of fact, any legal voter in any state can 
vote for a Representative in Congress. 

Eligibility of Members. Representatives must be at 
least twenty-five years of age. No person can be a Rep- 
resentative who has not been for seven years a citizen 
of the United States, and who is not, when elected, an 
inhabitant of the state from which he is chosen. He 
need not live in the district represented by him, but 
it is seldom that the people of a district elect a man from 
another part of the state. In Great Britain, on the other 
hand, it is common for the people to elect to the House 
of Commons a man who lives in quite another part of 
the country. Mr. Gladstone resided in Wales, but for 
many years represented Midlothian, in Scotland. 

A Representative need not remain an inhabitant of 
the state from which he is chosen. 

No United States officer can be a member of the 
House of Representatives during his continuance in 
office. 

States cannot add further restrictions upon eligibility. 

By the conditions of the fourteenth amendment, 
adopted in 1868, no person can be a Senator or Repre- 
sentative who, having previously taken an oath as an 
officer of the United States or as a state officer to support 
the Constitution of the United States, shall have en- 
gaged in rebellion against the United States, or given 
aid and comfort to their enemies, unless Congress, by a 
vote of two-thirds of each house, remove such disability. 
Congress has removed this disability in nearly all cases. 

In case a state should be added by conquest or 
purchase, its inhabitants becoming citizens immediately, 
the requirements of seven years' citizenship in the United 
States would not be necessary, as each state is, by an- 



120 ILLINOIS AND THE NATION 

other provision, entitled to at least one Representative. 

Each territory has one Representative. He may 
speak upon any question relating to his territory, but 
he has no vote. 

Congressional Apportionments. After the taking of 
the census every ten years, Congress determines how 
many members of the House of Representatives there 
shall be for the ensuing ten years. Under the census 
of 1910 the number of Representatives is 435. 

The number representing the population of the United 
States is divided by the number of Representatives. The 
quotient shows the number of people entitled to one 
Representative. The number is called the "congressional 
ratio." The number representing the population of each 
state is then divided by the congressional ratio. This 
quotient gives the number of Representatives to which 
the state is entitled. The state is then divided by its 
legislature into as many congressional districts as there 
are Representatives to be elected in that state, and each 
district chooses one Representative. 

It is evident that by dividing the number representing 
the population of each state by the congressional ratio, 
fractions will occur in nearly every case, and that the sum 
of the integral quotients will be less than the required 
number. This is remedied by giving to the states having 
the largest fractions one additional Representative each, 
until the required number are provided for. 

Congressmen at Large. If a state legislature fails to 
provide for its increased representation by redistricting 
the state before the next general election, the additional 
Representatives are chosen by the voters of the state on 
a general ticket and are known as congressmen-at-large. 
Since the Congressional Apportionment of 1910, Illinois 
has elected two congressmen-at-large. 



NATIONAL GOVERNMENT 121 

Slavery. Prior to the adoption of the thirteenth 
amendment in 1865, the population of the state was 
obtained by counting all free persons, except Indians not 
taxed, and three-fifths of the slaves. This plan was 
adopted as a compromise between the delegates from the 
northern and southern states in the Constitutional Con- 
vention. At that time all the states except Massachusetts 
held slaves, but slavery was dying out of all the northern 
states. It seemed for a time that the question of slavery 
would ruin all chances of a constitutional union, but 
concessions were made on both sides. The northern 
states agreed to count three-fifths of the slaves in appor- 
tioning Representatives, and the southern states to count 
the slaves in the same manner in apportioning direct 
taxes. The northern states agreed that Congress should 
not interfere with the bringing of slaves from Africa for 
twenty years, and that runaway slaves should be 
delivered up to their masters ; the southern, that a tax 
not to exceed ten dollars ($10) a head might be laid upon 
slaves so imported. Both compromises proved to be in 
favor of the southern states. 

The Constitution proper does not mention slaves 
directly. They are spoken of as "three-fifths of all other 
persons," and as "such persons as any of the states now 
existing shall think proper to admit." 

From the adoption of the fourteenth amendment in 
1868, to that of the fifteenth in 1870, negroes were 
counted in apportioning Representatives to the southern 
states, if those states allowed male negroes who were 
twenty-one years of age, or over, to vote. If only white 
men voted, only white persons were counted. 

Vacancies. When a vacancy happens in the repre- 
sentation of any state, from the death, resignation, or 
expulsion from office of any member, or by his accept- 



122 ILLINOIS AND THE NATION 

ance of an incompatible office, the Governor calls an 
election to fill such vacancy. 

Officers. The House of Representatives elects its 
speaker and other officers. The former is considered by 
many to rank next to the President in real political 
power. Upon his attitude, friendly or otherwise, toward 
pending measures the work of the House largely depends. 
He may vote on all questions, and is required to do so 
whenever his vote will decide the pending question, or 
when the vote is by ballot. 

Upon two occasions the Lower House has spent two 
months or more in electing a speaker. 

Besides the speaker, the House has a clerk, sergeant 
at arms, doorkeeper, postmaster, and chaplain. 

Aside from his other- duties, the clerk, who is usually 
an ex-member of Congress, calls the House to order at 
the beginning of the next Congress, and presides until a 
speaker is elected. 

The duties of the other officers may be inferred from 
their titles. 

Impeachment. The House of Representatives has 
the sole power of impeachment. 

When charges of treason, bribery or other high 
crimes or misdemeanors are brought against an officer 
of the United States, a committee of the House is 
appointed to investigate them. If the committee reports 
in favor of his impeachment, the different charges, having 
been reduced to writing, are discussed and voted upon 
separately. If the House, by a majority vote, decides 
upon impeachment, the charges, or articles of impeach- 
ment, are sent to the Senate, and a committee is 
appointed to prosecute the impeachment before that 
body. The trial of impeachment will be discussed later. 

Bills for Revenue. All bills for raising revenue must 



NATIONAL GOVERNMENT 123 

originate in the House of Representatives. The Senate, 
however, may propose or concur with amendments, as 
in other cases. This provision regarding bills for raising 
revenue was made because the members of the House 
were the direct representatives of the people who pay- 
taxes, and who therefore wish to control the public purse. 
Senators are now direct representatives of the people, 
but revenue bills must still originate in the House. 

Senate. The Senate is composed of two Senators 
from each state. They are elected by the people of the 
several states and serve six years. They are now chosen 
by direct vote of the people in the respective states 
instead of by the state legislatures. The change is due 
to the adoption of the seventeenth amendment to the 
Constitution of the United States. The affirmative action 
of the Connecticut legislature on x\pril 8, 1913, gave the 
amendment the approval of thirty-six states — the 
required three-fourths of the state legislatures of the 
Union. 

The times, places and manner of holding elections for 
Senators and Representatives are prescribed by the 
several state legislatures. But Congress may, at any 
time, make or alter such regulations. 

The seventeenth amendment provides that when 
vacancies happen in the representation of any state in 
the Senate, the executive authority of such state shall 
issue writs of election to fill such vacancies. However, 
the legislature of any state may empower its executive to 
make temporary appointments until the people fill the 
vacancies by election as the legislature may direct. 
Pursuant to this provision the legislature of Illinois has 
enacted that when a vacancy shall occur in the office of 
United States Senator from this state, the Governor shall 
make temporary appointment to fill such vacancy until 



124 TLLTNOTS AND THE NATION 

the next election of Representatives to Congress, at 
which time the vacancy shall be filled by election. 

When the Senators assembled for the first time, they 
were divided as equally as possible into three classes. 
Those of the first class served two years ; of the second 
class, four years ; and of the third class, six years ; since 
that time one-third of the Senators have been chosen 
every two years. 

In the Constitutional Convention, the question of 
representation in Congress gave rise to long and bitter 
discussion. The larger states wanted representation 
in both houses to depend upon population, while the 
smaller states wanted equal representation of the states 
in both houses. They finally compromised by allowing 
the representation in the House to be determined by 
population, while equal representation was given in the 
Senate. 

Each Senator has one vote — that is, the Senators do 
not vote by states. Senators from the same state may, 
and frequently do, vote upon opposite sides of a question. 

Eligibility of Senators. No person can be a Senator 
who has not attained the age of thirty years, been nine 
years a citizen of the United States, and who is not, 
when elected, an inhabitant of the state from which he 
is chosen. 

No officer of the United States can be a Senator 
during his continuance in office. 

It is not necessary for a Senator to reside in the 
state during his term of office. 

Senators are "Congressmen" and "Members of Con- 
gress" just as truly as are the Representatives, although 
these terms are often erroneously limited to the members 
of the House of Representatives. 

Officers. The Vice-President of the United States is 



NATIONAL GOVERNMENT 125 

president of the Senate. He has a vote only in case of 
a tie. The Senate chooses its other officers, who are a 
president pro tempore, a secretary, a chief clerk, an 
executive clerk, a sergeant at arms, a doorkeeper, and 
a chaplain. 

While there is an actual Vice-President, the president 
pro tempore is chosen to preside temporarily in the 
absence of the former. But when the office of Vice- 
President becomes vacant, the president pro tempore is 
chosen permanently and receives the same salary as was 
paid to the Vice-President. 

Trials of Impeachments. The Senate has the sole 
power to try all impeachments. When sitting for this 
purpose, the Senators are on oath or affirmation. When 
the President of the United States is tried, the Chief 
Justice presides, as the Vice-President is interested in 
the result. 

Judgment in cases of impeachment can extend only 
to removal from office and disqualification to hold any 
office of honor, trust or profit under the United States. 
A two-thirds vote of the members present is necessary 
to conviction, and removal from office is a necessary 
consequence of conviction in case of impeachment. The 
disqualification to hold office may, or may not, be added. 
The person so convicted may also be tried and punished 
according to law. The President has no power to grant 
pardon in cases of impeachment. 

It will be seen that in matters of impeachment the 
part taken by the House of Representatives is, at first, 
similar to that taken by a grand jury, the articles of 
impeachment being of the nature of an indictment. After 
the impeachment reaches the Senate, the House, through 
five of its members, called managers, conducts the prose- 
cution in much the same manner as a criminal case is 



126 ILLINOIS AND THE NATION 

conducted by a prosecuting attorney. Throughout the 
trial the Senate sits with open doors, but after the evi- 
dence and arguments are in, the doors are closed and 
the Senate deliberates in secret session in much the 
same manner as an ordinary jury. 

Meetings of Congress. Congress meets each year on 
the first Monday in December. It may by law appoint a 
different day, but at least one meeting must be held each 
year. It should be noted that all the members of the 
lower house are elected every two years, the election 
occurring in the month of November. The members 
elect do not take their seats, however, in regular session 
until the first Monday in December of the following 
year. This is one of the most serious defects in what 
may be called the machinery of our national government. 
The terms of the members elect begin on the fourth day 
of March next following the election, but in the absence 
of an extra session called by the President, the Congress 
of which they are members does not convene until 
December. 

Extra sessions of Congress, or of either house, may be 
called by the President upon extraordinary occasions. 

Membership. Each house is the judge of the elec- 
tions returns, and qualifications of its own members. 
Each house has a committee on elections, to whom all 
contested cases are referred, the house itself acting upon 
the report of the committee when it is rendered. The 
decision of the house is final. 

Quorum. A majority of either house constitutes a 
quorum to do business. A smaller number may adjourn 
from day to day, and are authorized to compel the 
attendance of absent members. 

In England 40 members of the House of Commons 
constitute a quorum, though there are 670 members in all. 



NATIONAL GOVERNMENT 127 

Rules. Each house determines the rules of its pro- 
ceedings, has power to punish its members for disorderly- 
conduct, and, by a concurrence of two-thirds, may expel 
a member. 

Journals. Each house keeps a journal of its pro- 
ceedings. These journals are published from time to 
time, except such parts as, in the judgment of the 
respective houses, require secrecy. 

Yeas and Nays. In either house, at the request of 
one-fifth of those present, the yeas and nays upon any 
question are entered on the journal. The opponents of 
a pending measure sometimes attempt to defeat or at 
least to delay it beyond the session by making dilatory 
or trivial motions, such as motions to adjourn, and then 
calling for the yeas and nays upon all such motions. 
This practice is called "filibustering." 

Adjournments. During the session of Congress, 
neither house can, without the consent of the other, 
adjourn for more than three days, nor to any other place 
than that in which the two houses are sitting. In case 
of disagreement between the two houses as to the time 
of adjournment, the President may adjourn them to such 
time as he may think proper. 

Salary of Members. The compensation of members 
of Congress is fixed by law, and is paid out of the Treas- 
ury of the United States. Senators and Representatives 
receive $7,500 per annum. The speaker of the House, and 
the president pro tempore of the Senate receive $12,000 
per annum. 

Members of the English Parliament receive no salary 
whatever. 

Privileges of Members. In all cases except treason, 
felony, and breach of the peace, members of Congress are 
privileged from arrest during their attendance at the 



128 ILLINOIS AND THE NATION 

sessions of their respective houses, and in going to and 
returning from them. They cannot be questioned in any- 
other place for any speech or debate made in either house. 

Disabilities of Members. No Senator, or Represent- 
ative can, during the time for which he is elected, be 
appointed to any civil office of the United States which 
may be created, or the emoluments of which may be 
increased, during such time. This provision prevents 
the President from rewarding members who support 
measures in which he is interested by appointing them 
to offices created or made more lucrative during their 
terms of service. The intention is to keep the executive 
and legislative departments as distinct as possible. 

Oath of Members. Senators and Representatives, 
the members of the several state legislatures, and all 
executive and judicial officers of the United States and 
of the several states are bound by oath, or affirmation, 
to support the Constitution of the United States. No 
religious test can be required as a qualification to any 
office or public trust under the United States. 

Powers and Duties of Congress. The powers and 
duties of Congress are denned by the Constitution. 
Nevertheless there has always been great diversity of 
opinion as to what the powers of Congress really are in 
several important particulars. The members of the con- 
vention which framed the Constitution differed widely as 
to the powers that should be given Congress. Some were 
in favor of giving it very great power, while others were 
in favor of limiting its power to the minimum. Since 
the adoption of the Constitution, statesmen have divided 
upon the same lines, and the contest has been transferred 
from the making to the interpretation of that instru- 
ment. Those who favor an interpretation which tends 
to limit the powers of Congress are called "strict con- 



NATIONAL GOVERNMENT 129 

structionists," while those favoring an interpretation 
tending to enlarge the powers of Congress are called 
"loose constructionists." 

Taxes and Duties. Congress has power to levy and 
collect taxes and duties to pay the debts and provide for 
the common defense and general welfare of the United 
States ; but all such taxes and duties must be uniform 
throughout the United States. 

The Constitution contains also the words imposts and 
excises in this connection, but the laws of Congress use 
only the word duties for all indirect taxes. Indirect 
taxes are chiefly of two kinds: Duties upon imported 
goods, commonly called tariff taxes, and duties upon the 
production or use of certain articles of trade or instru- 
ments in writing, as tobacco, patent medicines, liquors, 
deeds, bank checks, etc., commonly called internal 
revenue. 

Many cases before the Supreme Court of the United 
States have involved the question of what constitute 
direct taxes within the meaning of the Constitution, 
which provides that when direct taxes are levied by the 
United States, they shall be apportioned among the 
several states in proportion to their respective population. 

The revenue law passed by Congress in 1894 pro- 
vided for a tax on all incomes over $4,000, derived from 
property, salary, trade, etc., not including necessary 
expenses, taxes, and interest. The constitutionality of 
this law was attacked, and the Supreme Court held it 
unconstitutional and void on the ground that taxes on 
incomes are direct taxes and so must be apportioned 
among the several states according to their population. 
The court was divided upon this point, the final vote 
upon it standing five judges against and four for the 
validity of the law. 



130 ILLINOIS AND THE NATION 

This decision led to the submission by Congress of 
an amendment to the Constitution of the United States 
providing that Congress shall have power to lay and 
collect taxes on incomes, from whatever source derived, 
without apportionment among the several states, and 
without regard to any census or enumeration. This 
amendment was duly ratified by the legislatures of three- 
fourths of the states, and became a part of the national 
Constitution in 1913. It is known as the sixteenth 
amendment. 

Pursuant to this amendment Congress has enacted an 
income tax law in connection with revised tariff legisla- 
tion, providing for a graduated tax on all incomes over 
$4,000— ($3,000 for unmarried persons). 

Capitation taxes are taxes laid upon persons at so 
much a head, without regard to property. 

Direct taxes have been levied by Congress only five 
times — the last in 1861. Incomes were taxed in support 
of the Union cause during the Rebellion, and such taxes 
were then treated as indirect taxes by the Supreme Court. 
It must be remembered that the terms direct taxes and 
indirect taxes do not mean the same in the Constitution 
as in the discussion of questions in political economy. In 
the latter case, by direct taxes is meant those which will 
stay where they are put, that is, which cannot be added 
by the payer to the price of goods, or otherwise shifted 
so that they are ultimately paid by some one else ; while 
by indirect taxes is meant those which can be so shifted. 

The ordinary taxes levied by the stT.te and local 
authorities are direct taxes within the meaning of the 
Constitution as defined by the Supreme Court, but many 
of them may be shifted, and so are indirect within the 
meaning of political economy. Thus, the tax paid by a 
manufacturer upon the materials, machinery, buildings, 



NATIONAL GOVERNMENT 131 

etc., used by him in his business are counted as a part 
of the cost of production, and are included in the price 
for which the manufactured articles are sold. The same 
principle applies to merchants ; the taxes which they pay 
as merchants upon their stocks are covered by the prices 
at which they sell their goods. 

It has been the policy of the national government to 
raise its revenues, as a rule, by means of taxes which are 
indirect in every sense of the word — that is, indirect both 
in form and in fact. They are levied with the expectation 
that the person who pays them will reimburse himself 
in some way, and that they will ultimately fall upon 
some one else who will, as it were, pay them without 
knowing it. It is upon the subject of levying indirect 
tariff taxes upon imports that the doctrines of "protec- 
tion" and of "tariff for revenue only" arise. 

Taxes for state, county, and other purposes paid by 
citizens of Illinois to the local tax collector are all direct 
in form, although, as we have seen, many of them are 
not so in fact. 

Taxes may be collected to pay the public debt, and 
"to provide for the common defense and to promote the 
general welfare of the United States." The meaning 
and scope of this expression has been much discussed by 
statesmen, and has been a fruitful source of contention be- 
tween the "strict constructionists" and their opponents. 

Borrowing Money. Congress may borrow money 
upon the credit of the United States. This may be done 
directly or indirectly. When money is borrowed directly 
upon the credit of the United States, interest-bearing 
bonds are generally issued by the government. 

At various times before the Civil War, Congress 
issued treasury notes and paid them to such of its cred- 
itors as were willing to take them. These notes were 



132 ILLINOIS AND THE NATION 

what are spoken of in the Constitution as "bills of 
credit," and were promises to pay money on demand 
or at some future time. Some of them bore interest. 
None of these notes issued prior to 1862 were made legal 
tender, and persons were not compelled to accept them 
even from the government. 

Greenbacks. During the Civil War, Congress author- 
ized various issues of treasury notes which were declared 
to be lawful money and legal tender in payment of all 
debts, public and private, except duties on imports and 
interest on the public debt. Interest on the public debt 
was paid in coin and this could only be done by requiring 
tariff taxes to be paid in gold and silver, since the gov- 
ernment could get gold and silver in no other way. 

The people were compelled to take these legal tender 
notes, commonly called "greenbacks," in payment of 
debts due from the government, and thus were indirectly 
forced to loan the government the amount of these issues 
of greenbacks, or $450,000,000. 

When the government stopped paying out gold and 
silver and issued in its stead legal tender notes, it was 
said that it had "suspended specie payments." The 
amount of greenbacks was afterward reduced to $346,- 
681,016, and in 1879 the government again began to pay 
all its debts in gold and silver, or, as it was said, 
"resumed specie payments." 

Commerce. Congress has power to regulate com- 
merce with foreign nations, among the several states, 
and with the Indian tribes. 

Under the Confederation, each state regulated the 
commerce of its people, not only among themselves, but 
with other states and foreign nations. This led to serious 
difficulties and greatly hindered trade, on account of the 
lack of uniformity in the regulations of the different 



NATIONAL GOVERNMENT 133 

states, and of the constant change to which they were 
subject. 

In pursuance of the power to regulate commerce with 
foreign nations, Congress passed the Embargo Act of 
1807. At this time the United States was involved in 
difficulties with England and France. The embargo was 
laid on all foreign vessels bound to a foreign port, from 
any port within the jurisdiction of the United States, thus 
compelling all such vessels to lay where they were until 
the embargo should be raised. This action was taken 
upon the assumption that American trade was so val- 
uable and necessary to those countries that, rather than 
do without it, they would make terms with our govern- 
ment. The act failed of its purpose, however, and was 
repealed in 1809. It was followed by a non-importation 
act which forbade commercial intercourse with England 
and France. 

The Interstate Commerce Law was passed by virtue 
of power to regulate commerce among the states. This 
law was designed, among other things, to prevent unfair 
discriminations in the transportation facilities offered to 
persons and places ; to prevent the giving of passes to 
persons supposed to possess influence valuable to rail- 
roads ; to prevent unfair discrimination in passenger 
fares as between different places, and in freight charges, 
either in the form of special rates or in the form of 
rebates ; and to require all charges to be open and 
public. 

Interstate Commerce Commission. To enforce this 
law Congress created the Interstate Commerce Com- 
mission, consisting of three members, appointed by the 
President and the Senate. The members receive salaries 
of $7,500 each. 

Anti-trust Law. In 1890 an act was passed by Con- 



134 ILLINOIS AND THE NATION 

gress for the purpose of protecting trade and commerce 
against unlawful restraints and monopolies. This is 
known as the "Anti-trust Law." Like the Interstate Com- 
merce Act, it does not apply to commerce carried on 
exclusively within a state, but it declares every contract, 
combination in the form of trust or otherwise, or con- 
spiracy, in restraint of trade or commerce among the 
several states or with foreign nations to be illegal. The 
circuit courts of the United States are given jurisdiction 
over such cases. 

Naturalization. Congress has power to establish a 
uniform rule of naturalization. 

An alien must first make before the clerk of the circuit 
(or superior) court a sworn declaration of intention to 
become a citizen. Not less than two nor more than seven 
years thereafter he must sign, in his own handwriting, 
his final petition for naturalization. Ninety days after 
this he must appear in court. He must state, on oath, 
that he is not a disbeliever in or opposed to organized 
government, nor connected with any organization teach- 
ing disbelief in or opposition to such government, that 
he is neither a polygamist nor a believer in polygamy, 
and that he intends to reside permanently in the United 
States. He must renounce all allegiance to any foreign 
prince or state, and swear that he will support the Con- 
stitution and laws of the United States. Finally, he 
must prove by two witnesses that he has resided five 
years within the United States and one year in the given 
state or territory, and behaved as a man of good moral 
character. No person can be naturalized who can not 
speak the English language, if physically able. 

When a man's naturalization is completed, his wife 
and his children under twenty-one years of age also be- 
come citizens. If a man die after having made his dec- 



NATIONAL GOVERNMENT 135 

laration and before he secures his "final papers," his 
widow and his minor children can become citizens upon 
taking the necessary oaths. 

The children of citizens of the United States are con- 
sidered citizens, though born abroad. 

Bankruptcy. Congress has power to make uniform 
laws on the subject of bankruptcy throughout the United 
States. 

When a person is unable to pay his debts, he is said to 
be insolvent. Upon his own petition, or that of one or 
more of his creditors, he may go through proceedings of 
bankruptcy, by which he may be declared by the proper 
officer to be a bankrupt. He is then no longer liable for 
past debts, but may again accumulate and hold property 
in his own name. 

Coining Money. Congress has power to coin money, 
and to regulate its value and that of foreign coin. 

The metals used in coining money in the United 
States are gold, silver, copper, and nickel. The coining 
is done by putting these metals into proper form and 
size, and giving to them the stamp of the government. 
This is done at the mints and branch mints of the gov- 
ernment. The letters upon coins, as "S," "D," and "P" 
show at what mints the coins were struck — San Fran- 
cisco, Denver, or Philadelphia. 

To regulate the value of United States money is sim- 
ply to determine the ratio of one metal to another, with 
reference to their weight in coins of equal value. Thus 
the ratio of silver and gold is now sixteen to one, that is, 
the silver dollar weighs substantially sixteen times as 
much as a gold dollar. 

The value of foreign coins is regulated by Congress 
when it fixes the rate at which such coins will be received 
at the national treasury. This rate is governed by their 



136 ILLINOIS AND THE NATION 

bullion value, that is, their value as gold or silver irre- 
spective of their form and stamp as money. Foreign 
coins are not legal tender in the United States. 

Weights and Measures. Congress has power to fix 
the standards of weights and measures. 

Some of the weights and measures in common use 
have been determined by Congress ; the others rest upon 
use and tradition. All were adopted from England. The 
national government and that of each state has a com- 
plete set of weights and measures that have been adopted 
as standards. 

The metric system of weights and measures has been 
authorized by Congress, but is little used in this country 
except for scientific purposes. 

Counterfeiting. Congress has power to provide for 
the punishment of counterfeiting the securities and cur- 
rent coin of the United States. 

The penalty for counterfeiting gold and silver coins 
is fixed at a fine not exceeding $5,000 and by imprison- 
ment not exceeding ten years. For counterfeiting copper 
and nickel coins the penalty is a fine not exceeding $1,000 
and imprisonment not exceeding three years. The coun- 
terfeiting of the securities of the United States, including 
all bonds, coupons, national bank notes, greenbacks, etc., 
is punished by a fine not exceeding $5,000 and by impris- 
onment at hard labor not exceeding fifteen years. 

Post Offices and Post Roads. Congress has power to 
establish post offices and post roads. 

By virtue of this power, the Post Office Department 
was established by Congress. It is under the charge 'of 
the Postmaster-General. All postmasters whose com- 
penstaion is less than $1,000 a year are under the rules of 
the civil service. All other postmasters are appointed 
by the President and confirmed by the Senate. The com- 



NATIONAL GOVERNMENT 137 

pensation of the former class is derived from the renting 
of boxes and a percentage on the sale of stamps, etc. 
Postmasters of the latter class receive salaries. 

Copyrights and Patents. Congress has power to pro- 
mote the progress of science and the useful arts by secur- 
ing, for limited times, to authors and inventors, the exclu- 
sive right to their respective writings and discoveries. 

The exclusive rights of authors are secured by copy- 
rights ; of inventors, by patents. The former, issued by 
the Librarian of Congress, are valid for twenty-eight 
years ; the latter, issued by the Commissioner of Patents, 
are valid for seventeen years. 

Inferior Courts. Congress may constitute tribunals 
inferior to the Supreme Court. These will be discussed 
under the judicial department. 

Piracy. Congress has power to define and punish 
piracies and felonies committed on the high seas, and 
offenses against the law of nations. 

Robbery at sea is termed piracy. The expression high 
seas is a general term for the ocean, including coast waters 
beyond low-water mark. The law of nations consists of a 
body of rules, founded upon justice, and recognized as 
governing the conduct and relations of independent coun- 
tries with one another. 

Power to Declare War. Congress has power to 
declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water. 

In 1812 Congress passed an act declaring war against 
Great Britain. This is the only case in which war has 
been declared directly by Congress. In 1846 it passed an 
act which recited in its preamble that, by the act of the 
Republic of Mexico, a state of war existed between that 
government and the United States. A similar action was 
taken in 1898 regarding our war with Spain. 



138 ILLINOIS AND THE NATION 

A rebellion, or civil war, is not a war in the sense in 
which the word is used in the Constitution and in inter- 
national law. War, in this wide sense, can exist only 
between natons. Therefore there was no declaration of 
war against the South in the case of the Rebellion. 

Letters of marque and reprisal authorize a private 
person to cross the boundary into the enemy's country, 
and to seize the persons or property of its subjects. 
When these letters are granted to the commander of a 
private vessel, the vessel becomes a privateer, and her 
crew may commit acts which before would have been 
piracy. 

United States Army. Congress has power to raise 
and support armies, but no appropriation of money for 
this purpose can be for a longer term than two years. 

All of the Representatives and one-third of the Sen- 
ators are chosen every two years. The people who elect 
them can virtually control the army through the appro- 
priation for its support. 

The men who framed the Constitution looked upon a 
large standing army as a menace to a free people, and 
so took this step to prevent the President or Congress, 
or both, from maintaining a large army in time of peace, 
or from carrying on a foreign war against the will of the 
people. This is the only matter in which the power of 
Congress is curtailed in this manner. The policy of the 
national government has always been in harmony with 
this provision. At the close of the Civil War the great 
army of the Union was at once disbanded, and the sol- 
diers returned to the pursuits of peace with a promptness 
which astonished the governments of Europe. 

United States Navy. Congress has power to provide 
and maintain a navy. 

Although our navy has always been relatively small, 



NATIONAL GOVERNMENT 139 

it has distinguished itself in our wars by many brilliant 
victories. A fair-sized navy, well equipped, seems to be 
ample for all our needs. The two years' restriction upon 
appropriations for the army does not apply to the navy. 

Rules for Army and Navy. Congress makes rules for 
the government and regulation of land and naval forces. 
The rules for the army and navy are enforced by courts 
martial. 

The Militia. Congress provides for the calling forth 
of the militia to execute the laws of the Union, suppress 
insurrections, and repel invasions ; also, for the organ- 
izing, arming, and disciplining of the militia, and for 
governing such part of them as may be employed in the 
service of the United States. The appointment of officers 
and the authority of training the militia according to the 
discipline prescribed by Congress is reserved to the 
states respectively. 

The militia, or citizen soldiers, are called out only in 
cases of emergency. In 1794 and 1861-4 the militia were 
called out to suppress the Whisky Insurrection and the 
Rebellion, respectively. In 1812, they were called out to 
repel the invasion of the British. While in active service 
of the United States, the militia are paid the same as the 
regular soldiers and are subject to the same discipline. 

In the war with Spain the militia, as such, were not 
called into service. But many organizations of militia 
entered the United States service, in a body, as volunteers. 

District of Columbia. Congress exercises exclusive 
jurisdiction over the District of Columbia, and over all 
places purchased by the consent of the several states for 
the erection of forts, magazines, arsenals, dock-yards, and 
other needful buildings. The District of Columbia is in 
reality a territory of the United States, although it is 
not governed in the same manner as the other territories. 



140 ILLINOIS AND THE NATION 

The District is now governed by a board of three com- 
missioners, two of whom are appointed by the President 
and Senate and serve three years ; the third is one of the 
engineers of the army detailed to this duty by the Presi- 
dent. There are no elections of any kind by the people 
of the District, they being wholly without political rights. 
The expenses of local government are paid one-half by 
Congress and one-half by the property owners of the 
District, which comprises about seventy square miles, all 
lying upon the Maryland side of the Potomac. The 
District was originally ten miles square and lay in both 
Maryland and Virginia, but in 1846 the part on the right 
bank of the Potomac was deemed of no advantage to the 
national government, and was ceded back to Virginia. 

Electors. Congress determines the time of choosing 
electors for President and Vice-President, and the day on 
which the electors give their votes, which day, however, 
must be the same throughout the United States. 

Other Powers. Congress also has power : 

1. To declare the punishment of treason. 

2. To dispose of, and make all needful rules respecting 
the territory or other property of the United States. 

3. To propose amendments to the Constitution. 

4. To admit new states into the Union. 

5. To regulate the appellate jurisdiction of the Su- 
preme Court, and to determine where trial of crimes shall 
be held, when not committed within any state. 

6. To prescribe, by general laws, the manner in which 
the public acts, records, and judicial proceedings of the 
several states shall be proved, and what shall be their 
effect. 

Under this power Congress has provided the manner 
in which acts of state legislatures, the records and judi- 
cial proceeding of state courts, and all records which may 



NATIONAL GOVERNMENT 141 

be kept in any public office of any state, not appertaining 
to a court, may be proved or admitted in any court or 
office in any other state. When so proved, or "authenti- 
cated," such records have the same faith and credit given 
to them in every court and office within the United States 
as they have by law or usage in the courts or offices of 
the state from which they are taken. This applies to 
territories of the United States, and to other countries, 
as well as to the several states. 

7. To revise and control any state laws respecting the 
laying of duties on imports and exports. 

8. To declare what officer shall act as President in 
case of the removal, death, resignation, or inability of 
both President and Vice-President. 

9. To vest the appointment of such inferior officers as 
it may think proper in the President alone, in the courts 
of law, or in the heads of departments. 

The more important of these powers are discussed 
elsewhere. 

Execution of Powers. Congress has power to make 
all laws which may be necessary for carrying into execu- 
tion the powers granted to it by the Constitution, and all 
other powers vested by it in the government of the 
United States, or in any department or officer* of the 
government. 

Since the formation of the national government, 
statesmen of the strict-constructionist type have con- 
tended that this provision should be confined to those 
powers which have been expressly given to Congress by 
the Constitution, basing their argument upon the tenth 
amendment, which provides that the powers not dele- 
gated to the United States by the Constitution, nor pro- 
hibited by it to the states, are reserved to the states 
respectively or to the people. Other statesmen have con- 



142 ILLINOIS AND THE NATION 

tended that many powers are necessarily implied which 
Congress must assume in order to carry out the intent 
of the Constitution as expressed in its preamble — "to 
provide for the common defense" and "to promote the 
general welfare." Struggles have taken place in Congress 
upon this issue in connection with the chartering of the 
United States Bank (1791 to 1832) ; the appropriation of 
money by Congress for the building of the Cumberland 
Road to connect the Mississippi valley with the Atlantic 
seaboard; the levying of tariff duties for the purpose of 
"protection" and not "for revenue only;" the annexation 
of Louisiana and other foreign territory; and various 
other questions of less importance. 

Limitations of Power. Certain limitations of the 
power of Congress are contained in the Constitution and 
its amendments. The following are the most important 
ones : 

The Slave Trade. The Constitution provides that 
"the migration or importation of such persons as any of 
the states now existing shall think proper to admit" shall 
not be prohibited by Congress prior to 1808, but that a 
tax not exceeding ten dollars for each person may be 
imposed on such importation. This provision refers to 
the importation of slaves. The tax authorized was never 
imposed, but importation was prohibited after January 1, 
1808, and in 1820 Congress declared the slave trade to be 
piracy. 

Habeas Corpus. The privilege of the writ of habeas 
corpus cannot be suspended, except when, in cases of 
rebellion or invasion, the public safety may require it. 

A writ of habeas corpus has for its object the pre- 
vention of false or unjust imprisonment. By it the pris- 
oner accused of crime is brought into court, and the 
cause of his imprisonment is investigated. The writ is 



NATIONAL GOVERNMENT 143 

also sometimes used to liberate persons confined in hos- 
pitals for the insane, or other places than prisons, and 
to obtain possession of children who are in the custody 
of persons not legally entitled to such custody. 

This writ, like all others used at law, was formerly 
written in Latin and takes its name from the words 
habeas corpus, which were contained in the old writ, and 
which mean "you may have the body." 

The writ of habeas corpus was suspended throughout 
the United States in case of deserters and other military 
offenders by authority of Congress in 1863. Prior to this, 
it had been suspended by the President in different por- 
tions of the country. 

Ex Post Facto Laws. No bill of attainder or ex post 
facto law cah be passed. 

A bill of attainder inflicts death or other punishment, 
without a judicial trial, and, in countries where it is 
allowed, is usually passed without giving the accused an 
opportunity of defending himself. 

An ex post facto law is one which makes an act a crime 
which was not so when the act was committed, or which 
inflicts a punishment greater than that imposed when the 
crime was committed. The expression applies only to 
criminal laws. 

Direct Taxes. Capitation or other direct taxes can 
only be levied by Congress in proportion to population 
as shown by the census. This has been discussed under 
the head of "Powers of Congress." 

Duty on Exports. No duty can be laid on articles 
exported from any state. If an export duty were laid 
the effect would be to increase the selling price of ex- 
ported goods by a like amount, and thus make it more 
difficult for our people to compete with other traders in 
foreign markets. 



144 ILLINOIS AND THE NATION 

Coasting Trade. No preference can be given, by any 
regulation of commerce or revenue, to the ports of one 
state over those of another; nor can vessels bound to 
or from one state be obliged to enter, clear, or pay duties 
in another. 

Expenditures. No money can be drawn from the 
Treasury, except in consequence of appropriations made 
by law. A regular account of receipts and expenditures 
of all public money must be published from time to time. 
The Secretary of the Treasury reports annually to Con- 
gress, giving a full account of receipts and expenditures. 
This provision of the Constitution is really a restriction 
upon the expenditure of money by the executive depart- 
ment, and gives Congress full control of the expenditures 
as well as of the raising of all revenues. 

Titles of Nobility. No title of nobility can be granted 
by the United States, nor can any person holding any 
office of profit or trust under them, without the consent 
of Congress, accept of any present, emolument, office, or 
title of any kind whatever, from any king, prince, or 
foreign state. Titles of nobility are out of harmony with 
a republican form of government. Even those framers 
of the Constitution who most strongly favored the na- 
tional government, as against the rights reserved to the 
states, were opposed to any aristocratic distinctions in 
connection with the government or among the people. 
In former times gifts which were of the nature either 
of bribes or of tribute passed between rulers and states. 
Such practices could not be tolerated by this country, 
and the Constitution wisely put a restraint upon all gifts 
from foreign rulers or powers. 

Civil Rights. Congress can not pass laws abridging 
the freedom of speech or of the press. The right of the 
people to assemble peaceably, to petition the government 



NATIONAL GOVERNMENT 145 

for a redress of grievances, or to carry arms can not be 
infringed. 

These provisions are found among the first amend- 
ments to the Constitution, adopted in 1791. The demand 
for them by the people as a part of the supreme law of 
the land grew out of their experience and that of their 
forefathers with the English government. It must be 
remembered that freedom of speech and of the press 
means simply the right to discuss all matters of public 
interest freely and fully ; it does not involve a license to 
say anything, anywhere, and at any time, regardless of 
the truth or falsity of the thing said, or of the intent or 
purpose of its utterance. 

The constitutional right of the people to bear arms 
does not give a citizen a license to habitually carry a 
revolver or other deadly weapon. This provision refers 
to the right of the people of the several states to organize 
and equip themselves as militia, so as not to be dependent 
upon the regular army of the nation for the protection of 
their own affairs. 

Religious Freedom. Congress can make no law re- 
specting the establishment or prohibition of the free 
exercise of religion, nor can it require any religious test 
of any person as a qualification for the holding of any 
office. 

Executive Department 

President. The executive power is vested in the 
President of the United States of America. He is 
elected for four years. 

It was the purpose of the convention which framed 
the Constitution to make the executive as independent 
of the other departments as possible. And yet caution 



146 ILLINOIS AND THE NATION 

was observed lest the executive, being free from restraint, 
might become autocratic and tyrannical. Some were in 
favor of making the executive consist of two or three 
persons elected from different parts of the Union, but a 
large majority wisely favored a single executive. 

How Chosen. The President is chosen by electors, 
who are chosen by the several states on the Tuesday 
next after the first Monday in November of every fourth 
year. 

Each state is entitled to as many electors as it has 
Representatives and Senators in Congress, and they are 
chosen in such manner as the state legislature may 
direct. No Senator or Representative, or person holding 
an office of trust or profit under the United States can 
be appointed an elector. In Illinois the electors are 
chosen by the people of the state, voting by general 
ticket. In this way, each voter casts his ballot for the 
number of electors to which the state is entitled. These 
electors are put in nomination by the several political 
parties at their state or district conventions. 

The electors of the several states meet at their re- 
spective state capitols on the second Monday in January, 
and vote separately for President and Vice-President, 
both of whom cannot be from the same state as the 
electors. They then make separate lists of all persons 
voted for as President and Vice-President, showing the 
number of votes for each. The lists are signed, certified, 
and sent sealed to Washington, directed to the President 
of the Senate. On the second Wednesday in February, 
these lists are opened by the President of the Senate, in 
the presence of both houses of Congress, and the votes 
are counted. The person having the highest number of 
votes for President is declared President, and the person 
having the highest number of votes for Vice-President is 



NATIONAL GOVERNMENT 147 

declared to be elected Vice-President, provided that, in 
each case, the highest number of votes received is a 
majority of all the electors appointed. In case the high- 
est number of votes for President is less than the 
required majority, the House of Representatives at once 
chooses, by ballot, a President from the persons (not 
exceeding three of those voted for as President) having 
the highest numbers. In choosing the President, the 
votes are taken by states, each state having one vote. 
A quorum for this purpose consists of one or more mem- 
bers from two-thirds of the states, and a majority of all 
the states is necessary to a choice. If no person has the 
required majority of electoral votes for Vice-President, 
the Senate chooses, from the two highest numbers on the 
list, a Vice-President. A quorum for this purpose con- 
sists of two-thirds of the whole number of Senators, and 
a majority of the whole number is necessary to a choice. 

No person constitutionally ineligible to the office of 
President, is eligible to the office of Vice-President of the 
United States. 

If the House of Representatives should fail to choose 
a President, whenever the right of choice falls upon it, 
before the fourth day of March next following, the Vice- 
President would act as President, as in case of the death 
or other constitutional disability of the President. 

Electoral Count Bill. The Constitution makes no pro- 
vision for cases in which there are two certificates of 
electoral votes from the same state. 

In 1876 there were 369 electors and 185 were neces- 
sary to elect a President. Tilden and Hendricks received 
184 votes, Hayes and Wheeler 164 votes, and four states 
— South Carolina, Florida, Louisiana, and Oregon — hav- 
ing a total of 21 votes, returned two certificates each. 
It then became necessary to decide not only which were 



148 ILLINOIS AND THE NATION 

the legal returns from those states, but also who should 
determine which were legal. 

The matter created much discussion, which was car- 
ried on amidst great excitement. After much delay and 
debate, Congress referred all the cases to an Electoral 
Commission, consisting of fifteen members — five Sen- 
ators, five Representatives and five Justices of the Su- 
preme Court. The cases were all decided by a vote of 
eight to seven in favor of Hayes and Wheeler, who were 
declared elected by an electoral vote of 185 to 184. 

In 1887, Congress passed what is known as the 
Electoral Count Bill. The following are its leading 
provisions : 

Each state may provide by law for the final deter- 
mination, by judicial or other proceedings, of all cases 
of contest concerning the appointment of its electors. 
And if such provision be made by law prior to the day 
for appointing electors, and if all contests have been 
determined according to such law, at least six days before 
the time fixed for the meeting of the electors to cast their 
votes, such determination shall be conclusive, and shall 
govern the counting of the electoral votes so far as that 
state is concerned. 

In case only one return is made by any state, no 
electoral votes which have been regularly given by 
electors whose appointments have been lawfully certified 
by the Governor can be rejected. But the two houses 
concurrently may reject the votes when they agree that 
they have not been regularly given by electors whose 
appointment has been legally certified. 

In case more than one return is made by any state, 
only those votes shall be counted which have been regu- 
larly given by electors who are shown by the determina- 
tion of the state tribunal to be duly appointed. 



NATIONAL GOVERNMENT 149 

In case two or more returns from the same state 
claim to be thus determined by lawful tribunals, only 
the votes of those electors shall be counted whose title 
as electors the two houses, acting separately, shall deter- 
mine to be supported by the decision of the state ren- 
dered according to its laws. 

In case two or more returns are made by the same 
state, and no lawful determination has been made in the 
state, only those votes can be counted which the two 
houses concurrently decide are the lawful votes of legally 
appointed electors. But if the two houses disagree with 
respect to the counting of the votes, the votes of the 
electors whose appointment is certified by the Governor 
of the state are counted. 

The Electoral System. Whatever may be the merits 
or demerits of the system by which the President is 
chosen by electors, it is certain that it does not realize 
the objects sought by the framers of the Constitution. 
They wished to avoid the "heats and ferments'' of elec- 
tions of President by a popular vote, and also to make 
the President entirely independent of the body choosing 
him. The supposition was that under the system 
adopted, the electors would be free and untrammeled 
when they met to cast their votes, and that each would 
vote for the candidate who seemed to him to be best 
qualified, all things considered. But such has not been 
the case since 1796. In order to fully understand the 
system which now prevails it is necessary to consider 
two elements which exist without any provision of con- 
stitution or of law, but which really control the entire 
matter. 

National Conventions. National nominating conven- 
tions are mere party measures, but they are governed by 
fixed rules which have grown up since 1832. Each party 



150 ILLINOIS AND THE NATION 

has a regular committee which calls its convention in a 
prescribed manner. The convention nominates party 
candidates for President and Vice-President, and adopts 
a declaration of party principles called a "platform." 
The statement of the platform upon a particular subject 
or issue of the campaign is called a "plank." The candi- 
dates nominated are expected to "stand squarely upon 
the platform." 

Advisory Vote on Candidates for President. During 
the campaign of 1912 many states, including Illinois, 
passed laws providing for an advisory vote on the Presi- 
dent to be held under the primary election laws of the 
state. 

State Electoral Tickets. The state organization of 
every political party participating in the national election 
nominates two electors-at-large — that is, chosen from the 
entire state — and an elector from each congressional dis- 
trict. The men thus nominated make up the electoral 
ticket for that state, and are voted for as a portion of 
the party ticket at the ensuing election. 

The electors of the party which is successful in any 
state constitute what is called the "Electoral College" of 
that state, and from the time of their election are gov- 
erned by the Constitution, and the laws of their state 
and of Congress as hereinbefore given. 

By means of this party machinery the electors are 
pledged in advance to vote for a particular party candi- 
date for President and also for Vice-President. It is 
difficult to see how the "heat and ferment" of our na- 
tional campaigns could be much greater under any other 
system of choosing a President. 

Eligibility. The President must be a natural born 
citizen of the United States and at least thirty-five years 
of age. The same is true of the Vice-President. 



NATIONAL GOVERNMENT 151 

Residence abroad on official duty, as that of an ambas- 
sador or minister, is not a disqualification. 

Presidential Succession. In case of the removal of 
the President from office, or of his death, resignation, or 
inability to perform the duties of office, the Vice-Presi- 
dent, if there be one, takes the oath of office, and becomes 
President. If there should be no Vice-President, the 
duties of the President devolve upon the Secretary of 
State, and in case of his death, resignation, or removal 
from office, upon the Secretary of the Treasury, and so 
on through the cabinet officers, the succession being in 
the order in which the offices were established by Con- 
gress ; viz., Secretary of State, Secretary of the Treasury, 
Secretary of War, Attorney-General, Postmaster-General, 
Secretary of the Navy, Secretary of the Interior. The 
law concerning the presidential succession applies only 
to such cabinet officers as have been appointed with the 
consent of the United States Senate, and such as are 
eligible to the office of President under the Constitution. 

Prior to 1886, the order of succession after the Vice- 
President was president pro tempore of the Senate, and 
speaker of the House of Representatives. But it some- 
times happens that these offices are both vacant at the 
same time, on account of the fact that one Congress 
ends on the fourth of March, and the next does not regu- 
larly meet and elect officers until the first Monday in the 
following December. On this account, chiefly, Congress 
changed the presidential succession to the members of 
the cabinet in the order indicated. By this arrangement, 
the successor to the presidency is sure to be of the same 
political party as his predecessor. 

When the office of President becomes vacant the 
Vice-President takes the oath of office and becomes 
President. But when a vacancy occurs in the office of 



152 ILLINOIS AND THE NATION 

Vice-President, it continues until the next presidential 
election. 

Oath. Before entering upon the duties of his office, 
the President solemnly swears (or affirms) that he will 
faithfully execute the office of President of the United 
States, and will, to the best of his ability, preserve, pro- 
tect, and defend the Constitution of the United States. 

The Constitution and laws merely fix the date and 
prescribe the oath to be taken in connection with the 
President's inauguration. It is customary for the Presi- 
dent to deliver an inaugural address before taking the 
oath of office, and for the Chief Justice to administer the 
oath ; but the address is not required of the President, 
and any magistrate who has power to administer oaths 
could lawfully act upon this occasion. 

Commander-in-Chief. The President is Commander- 
in-Chief of the army and navy of the United States, and 
of the militia of the several states when they are called 
into the actual service of the United States. The Presi- 
dent has never taken command of the army or navy in 
person, but has delegated his authority to officers whom 
he chose for that purpose. 

Although great authority is given the President in 
making him Commander-in-Chief of the army and navy, 
yet so many safeguards were provided in the Constitu- 
tion as a whole, that the President, were he so disposed, 
could not long use the military power of the country 
against the liberties of the people without the consent 
of Congress. 

Reprieves and Pardons. The President has power to 
grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment. The 
Supreme Court has held that the President may commute 
a sentence of death to imprisonment for life. 



NATIONAL GOVERNMENT 153 

In cases of impeachment it was considered that the 
power to pardon would be liable to abuse, and for this 
reason a judgment in impeachment proceedings cannot 
be changed or set aside by any pardoning power. But 
the giving of a pardoning power to the executive in all 
other cases of offenses against the government is a wise 
and humane provision of the Constitution. 

Treaties. The President has power, with the consent 
of the Senate, to make treaties. A treaty is an agreement 
between two or more sovereign nations. 

When a treaty is made, the President acts through 
the Secretary of State, or an ambassador appointed for 
the purpose. This officer agrees with the representative 
of the other nation upon the terms of the treaty, and 
after it has been signed by them, it is submitted for the 
ratification of the respective governments. Accordingly, 
the President presents the treaty to the Senate for its 
ratification. While discussing a treaty, the Senate sits 
with closed doors. This is called "going into executive 
session." If two-thirds of the Senate present concur in 
the ratification of the treaty, and it is ratified by the 
other nation, the President, by proclamation, makes the 
treaty public, and it becomes a part of the supreme law 
of the land. 

In the case of the war with Spain, the representatives 
of the two nations first signed a "protocol," or prelim- 
inary agreement, according to which further negotiations 
were to be carried on until a final treaty should result. 

Executive Appointments. The President nominates, 
and, with the consent of the Senate, appoints ambassa- 
dors, other public ministers, consuls, judges of the 
Supreme Court, and all other officers of the United 
States, that are not otherwise provided for. Nominations 
made by the President are presented to the Senate in 



154 ILLINOIS AND THE NATION 

writing, and are acted upon by that body in "executive 
session." Only a majority is necessary to confirm 
appointments. 

A minister of the government is a person who repre- 
sents it, and manages its interests at the seat of govern- 
ment of some other power. A minister of the highest 
rank is called an ambassador. 

A consul resides in a foreign country, and acts as 
agent for his government, protecting its rights, com- 
merce, merchants, seamen, and its citizens while sojourn- 
ing in such foreign country. 

The Constitution says nothing in regard to removals 
from office. The First Congress decided, by a close vote, 
that the President might remove an officer without con- 
sulting the Senate. In 1867, however, Congress passed 
what is known as the "Tenure of Office Bill," which 
provided that the President might suspend an officer, 
when the Senate was not in session, reporting his action 
with the reasons for it to the Senate within twenty days 
after its assembling. If the Senate should not concur, 
the suspended officer was to be reinstated; if it should 
concur in the removal, another person might be ap- 
pointed. The bill was vetoed by President Johnson but 
was passed over his veto by Congress. The President 
afterward removed Edwin M. Stanton, Secretary of War, 
after the Senate had refused to concur in his removal. 
This was the chief cause of the articles of impeachment 
which the House of Representatives brought against 
Johnson. After a trial lasting nearly three months, the 
Senate found the President not guilty. The Tenure of 
Office Bill is not now in force. 

While the Senate is in session, the President can now 
remove an officer by nominating and, with the consent 
of the Senate, appointing his successor. In such case the 



NATIONAL GOVERNMENT 155 

person appointed does not receive his commission, nor 
the incumbent vacate his office, until the nomination of 
the appointee has been confirmed. If the Senate is not 
in session, the President can remove an officer by ap- 
pointing his successor, who at once receives his commis- 
sion and begins the duties of the office. If, at its next 
session, the Senate refuses to confirm the nomination, 
the President nominates another person, but the removal 
stands in either case. When vacancies occur in the recess 
of Congress the procedure is the same as in the case of 
removals made in the recess. 

The Civil Service. The officers of the national gov- 
ernment who are appointed pursuant to law, together 
with persons employed to perform routine duties in the 
various departments, constitute what is known as the 
civil service. Since the Civil War much has been said 
about "civil service reform." The "civil service reform- 
ers" contend that all inferior officers and employes who 
perform routine duties should be appointed with sole 
reference to their fitness, and during good behavior. 
Since 1883 we have had the "civil service law," which 
provides that positions in the departments, custom 
houses, and the large postoffices shall be filled, and pro- 
motions in cases of vacancies shall be made under the 
merit system, the leading feature of which is the com- 
petitive examination which all candidates must undergo. 
In the absence of the merit system, appointments have 
usually been made for reasons which take but little 
account of personal fitness. Sometimes appointments 
have been made to punish political enemies, sometimes 
to reward political friends, sometimes to promote per- 
sonal ends, and usually to strengthen the party in power. 
In defending this practice on the part of the politicians 
of the State of New York, William L. Marcy, of that 



156 ILLINOIS AND THE NATION 

state, said in the United States Senate : "They [the 
politicians] see nothing wrong in the rule that to the 
victors belong the spoils of the enemy." Since then this 
practice has been known as the "spoils system." 

The President's Message. The President must, from 
time to time, give to Congress information of the state 
of the Union, and recommend for consideration such 
measures as he may deem necessary and expedient. 

It has become the custom for the President to send a 
message to Congress at the beginning of each regular 
session. Accompanying this are the reports of the vari- 
ous executive departments. Special messages are sent 
by the President whenever he deems them expedient, or 
when Congress has requested information upon some 
subject. 

Presidents Washington and Adams delivered their 
messages in person to both houses assembled in the 
Senate chamber, and each house afterwards presented a 
formal reply. President Jefferson, however, sent his 
messages to Congress, and they were read to each house 
by its clerk. His example has been followed by all other 
Presidents with the exception of President Wilson, who 
returned to the custom of Presidents Washington and 
Adams in reading his messages to Congress in person. 
No replies are now made by Congress. 

President's Veto. Every order, resolution, or vote, 
to which the concurrence of the Senate and House of 
Representatives is necessary (except on a question of 
adjournment) must be presented to the President, and 
before it can take effect, must be approved by him, or, 
being disapproved by him, must be re-passed by two- 
thirds of the Senate and House of Representatives. 
When a bill is passed by both houses, it is sent to the 
President for his signature. If he wishes the bill to 



NATIONAL GOVERNMENT 157 

become a law, he signs it, and so makes it a law. But 
if he does not wish it to become a law, he does not sign 
it, but sends it back to the house in which it originated. 
He sends with it his objections, which are written in the 
journal of this house, and the bill is again taken up. 
This time, in order to pass, it must receive the favorable 
vote of two-thirds of this house. If it receives this vote, 
it is sent, together with the objections of the President, 
to the other house. A vote of two-thirds of this house 
makes it a law without the signature of the President. 
In all such cases, the vote of each house must be by yeas 
and nays, and be entered upon the journal. 

If the President does not return the bill within ten 
days (Sundays not counted) after it is sent to him, it 
becomes a law just as if he had signed it, unless Congress 
adjourns before the ten days are up, and so prevents its 
return. 

The discussion about the President's veto applies to 
that of the Governor of Illinois, with two exceptions. A 
vote of two-thirds of a quorum in each house of Congress 
will pass a bill over the President's veto, while in this 
state a vote of two-thirds of all the members elected to 
each house is necessary to pass a bill over the Governor's 
veto. 

After the adjournment of Congress, all bills not 
signed by the President before the time of adjournment 
fail to become laws, although the President may have 
no objection to them. After the adjournment of our 
state legislature, the Governor has ten days in which to 
file bills, with his objections, in the office of the Secretary 
of State. All bills that are not so filed become laws, 
whether signed by the Governor, or not. 

Other Powers and Duties. The President receives 
ambassadors and other public ministers, commissions all 



158 ILLINOIS AND THE NATION 

officers of the United States, and takes care that the 
laws are faithfully executed. 

Executive Departments. The executive business of 
the United States is arranged under ten departments. 
Nearly all of these departments are subdivided into 
bureaus. The Constitution does not prescribe the num- 
ber, names, nor functions of these departments. 

Heads of Departments. The heads of the depart- 
ments are appointed by the President, and confirmed by 
the Senate. The President may require their written 
opinions on any subject relating to the duties of their 
respective offices. 

The salary of each is $12,000 a year. 

Department of State. The Department of State, at 
the head of which is the Secretary of State, has charge 
of our relations with foreign countries, and of the public 
archives. 

The Secretary of State countersigns all proclamations 
issued by the President. He is keeper of the great seal 
of the United States, and affixes the seal to all commis- 
sions given by the President. He has charge of the 
correspondence with foreign ministers, and presents such 
ministers to the President. He has various other impor- 
tant duties. 

The Department of State ranks first in point of dig- 
nity, and the Secretary of State is the head of the 
President's cabinet. His office is usually regarded as 
next in importance to that of the President. 

The Department of State has three bureaus. 

The Diplomatic Bureau. This bureau embraces all 
matters pertaining to our diplomatic relations with for- 
eign powers. The diplomatic service is carried on by 
the Secretary of State through our ministers, who are 
of four different ranks, as follows: 



NATIONAL GOVERNMENT 159 

Ambassadors. Ambassadors extraordinary and pleni- 
potentiary are ministers of the highest rank. We send 
them to ten countries — namely, Great Britain, Germany, 
France, Japan, Russia, Mexico, Brazil, Austria-Hungary, 
Italy, and Turkey. Ambassadors receive $17,500 a year. 

Envoys Extraordinary and Ministers Plenipotentiary. 
We send envoys extraordinary and ministers plenipo- 
tentiary to about thirty governments. The envoys to 
Argentine Republic, China, Spain, Cuba, Belgium, Chile, 
Luxemburg, and Netherlands receive $12,000 a year. 

Those to the following countries receive $10,000 a 
year, namely, Bolivia, Bulgaria, Colombia, Costa Rica, 
Denmark, Dominican Republic, Ecuador, Greece, Gua- 
temala, Haiti, Honduras, Montenegro, Morocco, Nicara- 
gua, Norway, Panama, Paraguay, Persia, Peru, Portugal, 
Roumania, Servia, Siam, Sweden, Switzerland, Uruguay, 
and Venezuela. 

Ministers Resident. Nearly all ministers resident 
have been raised to the rank of envoys extraordinary and 
ministers plenipotentiary. Those not so raised in rank 
have usually been given the additional title and duties 
of consul general and receive from $4,000 to $7,500 a year. 
These officers are sent to some of the smaller countries. 

Secretaries of Embassy and Legation. These officers 
are clerks to the foreign embassies and legations. A 
secretary of embassy is sent to every government to 
which an ambassador is accredited. A secretary of lega- 
tion is usually sent to every government to which we 
send an envoy. 

The Consular Bureau. This bureau has charge of all 
matters pertaining to our consular service. 

Consuls. Consuls are not diplomatic, but rather com- 
mercial agents of our government. Their principal duty 
is to watch over the interests of our -commerce in the 



160 ILLINOIS AND THE NATION 

foreign ports to which they are sent, and to protect the 
rights of seamen. They also take possession of the 
personal property of American citizens who die abroad. 

Consuls collect fees, but in most cases these are ac- 
counted for to the government, and the consuls receive 
salaries ranging from $1,000 to $6,000 a year. Those 
who receive salaries cannot transact any business for 
themselves. 

The Domestic Bureau. This bureau has charge of all 
matters of state which are purely of domestic concern. 

Treasury Department. Since the issuing of the 
paper money, called greenbacks, and the establishment 
of the national banking system, the importance of the 
Treasury Department has been largely increased. It is 
now the most complex and extensive of all the executive 
departments, and is under the charge of the Secretary of 
the Treasury. Immediately under the Secretary of the 
Treasury are the following officers : The Comptroller, 
the Auditor, the Treasurer, the Register, and the Assist- 
ant Secretary. 

This department manages and superintends the col- 
lection of the public revenue, issues warrants for money 
to be drawn from the treasury in pursuance of appro- 
priations made by law, and has general charge of the 
management of the finances of the nation. 

There are two bureaus in the office of Comptroller, 
and six bureaus in the office of the Auditor. In addition 
to the officers named above, there is a Commissioner of 
Customs, a Commissioner of Internal Revenue, a Di- 
rector of Statistics, a Director of the Mint, and a Director 
of the Bureau of Engraving and Printing. 

There are two Comptrollers of the Treasury. They 
examine the accounts that have been passed upon by the 
Auditors and certify them to the Register. 



NATIONAL GOVERNMENT 161 

The Register is the book-keeper of the national gov- 
ernment. His books show all receipts and expenditures. 

The Treasurer receives and keeps all moneys of the 
United States, and pays them out upon proper warrants. 

The Commissioner of Customs supervises the collec- 
tion of duties at the custom houses. 

The Comptroller of the Currency has supervision of 
the circulation of national banks. 

The Commissioner of Internal Revenue has charge of 
the collection of taxes upon tobacco, malt, and spirituous 
liquors, and sees that all stamp taxes or duties upon 
written instruments, patent medicines, etc., are duly paid 
and the stamps canceled pursuant to law. The duties 
of the Directors of the Mint, Bureau of Statistics, and 
of the Bureau of Engraving and Printing may be in- 
ferred from their titles. 

Department of War. The Secretary of War is at the 
head of this department. Under the President, he has 
charge of the affairs of the army. He has the custody 
of all records of the army, superintends the purchase of 
military supplies, directs matters of army transportation, 
oversees the work of the signal service and the improve- 
ment of rivers and harbors, and attends to the supply of 
arms and munitions of war. 

The military academy at West Point is under the 
supervision of the War Department. To this academy 
are appointed cadets, there being one from each con- 
gressional district, one from each territory, one from the 
the District of Columbia, and ten from the United States 
at large. By law these appointments are all made by 
the President, but, practically, those from the congres- 
sional districts are recommended by the respective Rep- 
resentatives in Congress to the Secretary of War, who 
nominates them to the President. The selection is some- 



162 ILLINOIS AND THE NATION 

times made by competitive examination. Cadets must 
be between the ages of seventeen and twenty-two, and 
must pledge themselves to serve eight years unless 
sooner discharged. The entire expense of the academy 
is paid by the national government. 

Department of Justice. The Department of Justice, 
at the head of which is the Attorney-General, has gen- 
eral charge of the legal affairs of the nation. The 
Attorney-General prosecutes all suits in the Supreme 
Court in which the United States is interested, and gives 
his advice and written opinions upon questions of law 
to the President and the heads of departments, when 
such questions pertain to the duties of their offices. 
These opinions are afterward printed for reference. 

Post Office Department. The Post Office Department, 
at the head of which is the Postmaster-General, has gen- 
eral charge of the carrying of the United States mails. 

In the early days of the republic the rate of postage 
was not uniform throughout the United States as at 
present. At one time the rate upon ordinary letters was 
five cents to any office within thirty miles, ten cents for a 
greater distance, and from that up to twenty-five cents, 
for which sum a letter could be sent across the continent. 
Postage was not then paid in advance, but by the person 
who received the letter. Later a law was passed which 
provided for a postage rate of three cents upon letters for 
transmission to any point in the country, provided the 
postage was prepaid ; if not prepaid the rate was five 
cents. In this way the people became accustomed to the 
prepayment of postage, and finally this was required 
by law. 

The Postmaster-General controls more patronage than 
any other executive officer. 

Department of the Navy. The Department of the 



NATIONAL GOVERNMENT 163 

Navy, at the head of which is the Secretary of the Navy, 
has charge of the navy and the naval academy at An- 
napolis. Cadets for the naval academy are of the same 
number and are appointed in the same manner as those 
for the military academy. The cadets must not be less 
than fourteen, nor more than eighteen years of age. 

Department of the Interior. The Department of the 
Interior has charge of the granting of patents and pen- 
sions, of the public lands, of Indian affairs, of the taking 
of the census, and of educational affairs. The Secretary 
of the Interior is at the head of this department. It is a 
department largely made up of offices which formerly 
belonged to other departments. 

The patent office is under the charge of the Com- 
missioner of Patents. 

The Commissioner of Pensions has charge of the 
pension office. 

The land office is under the charge of an officer 
styled the Commissioner of the General Land Office. 

Under the Secretary of the Interior there are also the 
Commissioner of Indian Affairs, the Superintendent of 
the Census, and the Bureau of Education. 

Department of Agriculture. The Department of 
Agriculture collects and preserves information concern- 
ing agriculture. It also collects seeds and plants, tests 
them, and distributes them and information concerning 
agriculture among farmers and other interested persons. 

These duties were formerly performed by the Bureau 
of Agriculture of the Department of the Interior. The 
bureau was changed to an independent department in 
1889. The head of this department is the Secretary of 
Agriculture. 

Department of Commerce. This department was cre- 
ated in 1903 as a part of a Department of Commerce and 



164 ILLINOIS AND THE NATION 

Labor. In 1913 the Department of Commerce became a 
separate department and its head is the Secretary of 
Commerce. 

The function of this department is not clearly denned 
by law. It is worthy of note that the Interstate Com- 
merce Commission, which is more closely related to 
domestic commerce than any other part of the national 
government, remains independent of the new Depart- 
ment of Commerce, while the consular service, which is 
more closely related to foreign commerce than any other 
bureau of the government, remains in the Department 
of State. The Department of Commerce has several 
bureaus, among which are those of corporations and of 
manufactures. 

Department of Labor. In 1913 Congress created a 
separate Department of Labor. It is under the charge 
of a Secretary of Labor, and its purpose is to foster, 
promote, and develop the welfare of wage earners of 
the United States, to improve their working conditions, 
and to advance their opportunities for profitable employ- 
ment. The principal bureaus of this department are 
those of immigration, naturalization, and labor statistics. 

President's Cabinet. The heads of the several depart- 
ments form what is known as the President's cabinet. 
They advise him, when asked to do so, upon the various 
matters pertaining to the departments. Cabinet meet- 
ings are held at the request of the President, at which 
the more important matters of the government are dis- 
cussed. The President is free to carry out the recom- 
mendations of the cabinet, or not, as he sees fit. 

The cabinet, as such, has no legal existence, and per- 
forms no legal duties. It is not mentioned in the Consti- 
tution. Washington called the heads of departments 
together for consultation, and the practice has been kept 



NATIONAL GOVERNMENT 165 

up by his successors. No record is kept of the proceed- 
ings of the cabinet, they being merely of an advisory 
nature. 

President's Salary. The President receives for his 
services a compensation which can neither be increased 
nor diminished during the term for which he is elected, 
and he cannot receive within that period any other 
emolument from the United States, or from any state. 

The President receives $75,000 a year as salary, 
$25,000 for traveling expenses, and $50,000 for mainte- 
nance of the White House. 

The Vice-President receives $12,000 a year. 

Judicial Department 

Judicial Power. The judicial power of the United 
States is vested in one Supreme Court, ordained by the 
Constitution, and in such inferior courts as Congress may 
from time to time establish. 

The judicial power extends to : 

(1) All cases in law and equity arising under the 
Constitution, the laws of the United States, and treaties 
made under their authority. 

(2) All cases affecting ambassadors and other public 
ministers and consuls. 

(3) All cases of admiralty and maritime jurisdiction. 

(4) Controversies to which the United States is a 
party. 

(5) Controversies between two or more states. 

(6) Controversies between a state and the citizens 
of another state. 

(7) Controversies between citizens of different states. 

(8) Controversies between citizens of the same state 
claiming lands under grants of different states. 



166 ILLINOIS AND THE NATION 

(9) Controversies between a state, or the citizens 
thereof, and foreign states, citizens or subjects. 

At the time of the adoption of the Constitution the 
states were unwilling to be sued by citizens of other 
states, domestic or foreign. This was contrary to the 
prevailing notions of the rights and dignity of a state 
in case of a controversy between it and a private person. 
It was at first claimed that the sixth and ninth clauses 
given above did not apply to suits brought against states, 
but to those brought by the states themselves. That is 
to say, that a state could go to law voluntarily as a 
plaintiff, but could not be forced into court as a defend- 
ant without its consent. This view, however, was de- 
cided by the Supreme Court of the United States to be 
erroneous, and it was held that a citizen could sue a 
state in the national courts. Thereupon Congress pro- 
posed, and a sufficient number of states ratified, an 
amendment to the Constitution — the eleventh — which 
provides that the judicial power must not be construed 
to extend to any suit in law or equity commenced or 
prosecuted against one of the United States by citizens 
of another state, or by citizens or subjects of any 
foreign states. 

Personal Rights. No person can be twice put in 
jeopardy of life or limb, or be compelled to be a witness 
against himself, or be deprived of life, liberty, or prop- 
erty, without due process of law. In all criminal trials, 
the person accused has the right to a speedy and public 
trial by an impartial jury of the state and district in 
which the crime has been committed. He must be 
informed of the nature and cause of the charge against 
him, and be allowed to meet the witnesses against him 
face to face. He must also have process to compel wit- 
nesses to appear in his favor, and the asssitance of coun- 



NATIONAL GOVERNMENT 167 

sel for his defense. The Constitution further provides 
that excessive bail shall not be required, nor excessive 
fines imposed, nor cruel and unusual punishments 
inflicted. 

All of these provisions were inserted in the Constitu- 
tion, or its amendments, in order to guard against abuses 
which had existed under the government of England. 
Formerly, in that country, men were imprisoned and put 
upon trial for crimes of which they had been previously 
acquitted. Prisoners were tortured into testifying of 
their own guilt when put upon trial for criminal offenses. 
Men were condemned to death or imprisonment without 
lawful trials, and their property was confiscated in arbi- 
trary and unlawful ways. There was a "due process of 
law" for all these things, but it was ignored and evaded. 
In this country the laws are generally observed by the 
people, although every person who is "lynched" is de- 
prived of life without due process of law. The former 
abuses in England, however, were participated in by the 
officers of the law, and not merely by mobs acting in 
defiance of the law and its officers. In England in 
former times persons accused of crime were kept impris- 
oned in places remote from the place of the alleged 
crime, and for long spaces of time without the privilege 
of communication with relatives, friends, or counsel. 
Even when brought into court they were often kept in 
chains, and were not allowed to testify, to be represented 
by counsel, or to cross-examine the witnesses produced 
against them. They could not compel the attendance of 
witnesses in their favor, or even call them to the stand 
if they were present, prior to 1688. 

Trial by Jury. The trial of all crimes, except in cases 
of impeachment, must be by jury. The trial must be held 
in the state where the crimes have been committed, or, 



168 ILLINOIS AND THE NATION 

when not committed within any state, the trial must be 
at such place as Congress has, by law, directed. 

In suits of common law, in cases where the amount 
in dispute is more than twenty dollars, the right of trial 
by jury must be preserved. 

In England a man now has a right to be tried by a 
jury of his peers — that is, by persons of equal rank. In 
this country, there being no nobility, the right of a man 
to "the judgment of his peers" means a trial by an impar- 
tial jury. The verdict of the jury must be unanimous 
in order to convict." 

Treason. Treason against the United States consists 
only in levying war against them, or in adhering to their 
enemies — giving them aid and comfort. No person can 
be convicted of treason except on the testimony of two 
witnesses to the same overt act, or on confession in open 
court. A private confession has no effect. 

Congress has power to declare the punishment of 
treason, but no attainder of treason can work corruption 
of blood, or forfeiture, except during the life of the 
person attainted. 

In England, for punishment of treason, besides the 
cruel death which was inflicted, there was an attainder 
or stain, which had the effect not only of forfeiting the 
property of the person convicted to the state, but of pre- 
venting his children from inheriting property through 
him. Such an attainder is prohibited in this country. 

Aaron Burr, tried for treason in 1807, was acquitted. 

Indictment by Grand Jury. Before a person can be 
brought to trial for offenses against the United States 
he must be indicted by a grand jury, except in cases 
which arise in the army and navy, or in the militia when 
in actual service in time of war or public danger. 

Instead of the indictment, the grand jury may make 



NATIONAL GOVERNMENT 169 

a presentment, which is a charge made by them from 
their own knowledge, or from evidence before them, 
without the formal accusation drawn up by the prose- 
cuting attorney. 

Judges. All federal judges are appointed by the 
President, with the consent of the Senate, and hold 
office during good behavior. They can be removed from 
office only by impeachment. 

Any judge of any court of the United States who has 
held the office for ten years, and has attained to the age 
of seventy years, may resign his office, and yet receive 
the same salary during life that was paid to him at the 
time of his resignation. 

The compensation of federal judges cannot be dimin- 
ished during their continuance in office. 

The fact that they hold office during good behavior 
makes the judges independent of the President and the 
Senate who appoint them, and the fact that Congress 
cannot punish the judges indirectly, by reducing their 
salaries, in case they should declare a law unconstitu- 
tional, or otherwise render a decision which might dis- 
please the members of that body, has a similar effect 
on the relations of the judges and Congress. 

In case a judge should become incapacitated from 
either mental or physical infirmities, he could be removed 
only by impeachment. But with the foregoing provision 
for their retirement by resignation upon full salary after 
they shall have served ten years and shall have attained 
the age of seventy years, no difficulty arising from 
infirmity is very likely to occur. 



SUPREME COURT 

Jurisdiction. The United States Supreme Court has 



170 ILLINOIS AND THE NATION 

original jurisdiction in all cases affecting ambassadors, 
other public ministers, and consuls, and those in which a 
state shall be a party. In all other cases mentioned 
under the head of Judicial Power (except where excep- 
tions have been made by Congress), it has appellate 
jurisdiction. 

A case arising in state courts under state laws can be 
carried to the Supreme Court of the United States when 
it involves the question as to whether or not a state law 
involved in the case is contrary to the Constitution of 
the United States. Many more state laws have been 
declared by the Supreme Court to be unconstitutional 
than laws enacted by Congress. 

Judges. There are nine judges of the United States 
Supreme Court — a Chief Justice and eight Associate 
Justices. 

Salaries. The judges of the United States Supreme 
Court receive $14,500 — except the Chief Justice, who 
receives $15,000 a year. 

CIRCUIT COURTS OF APPEAL 

Jurisdiction. These courts, which were created by an 
act of Congress in 1891, have appellate jurisdiction only. 
They can review, on appeal or writ of error, the final 
judgments or decrees of the United States District 
Courts in all cases other than those which are directly 
reviewable by the Supreme Court, and their decisions 
are final in many instances. They were created to 
relieve the crowded condition of the docket of the 
Supreme Court, which was said to be about three years 
in arrears at that time. 

Judges. There is a circuit court of appeals in each of 
the nine circuits into which the United States is divided, 



NATIONAL GOVERNMENT 171 

each court consisting of three judges, two of whom con- 
stitute a quorum. No judges, however, are appointed for 
these courts, but the justices of the Supreme Court, the 
circuit judges, and the several district judges are compe- 
tent to sit as judges oi the circuit courts of appeals 
within their respective circuits. The district judges 
do not sit, however, except in the absence of one of 
the other judges. The sessions of this court for the 
Seventh Circuit, in which Illinois is located, are held 
at Chicago. 

Judicial Circuits. The United States is divided into 
nine judicial districts. From two to four circuit judges 
are appointed in each circuit. Since January 1, 1912, 
they do not hold circuit courts as formerly, but sit as 
judges in the federal circuit court of appeals and in the 
new commerce court. The nine judges of the United 
States Supreme Court apportion the nine circuits among 
themselves. They may also sit as judges in the court 
of appeals. 

Each circuit judge receives $7,000 a year. 



DISTRICT COURTS 

Jurisdiction. The jurisdiction of district courts ex- 
tends to the trial of all crimes committed within the 
district against the United States. In civil cases the 
jurisdiction of the district courts is general. 

Judges. The United States is divided into about 
seventy districts for the purpose of holding district 
courts. The number of district judges does not corre- 
spond to the number of districts, as, in some cases, one 
judge is appointed for two or more districts. But there 
is at least one district judge in every state. 

Salaries. District judges receive $6,000 a year. 



172 ILLINOIS AND THE NATION 



COURT OF CLAIMS 

Jurisdiction. For a sovereign state or nation to be 
sued would be a contradiction of the idea of enlightened 
sovereignty. For if it could be sued in the courts of 
another state or nation, it would not be sovereign, and if 
in its own courts, that would imply that it was unwilling 
to do justice without coercion. The suitor would be 
asking a sovereign power to coerce itself. 

Formerly claims against the United States were pre- 
sented to the respective executive departments, and if 
they could not be adjusted there, application for relief 
could only be made to Congress, which had no adequate 
means of determining the matter. The delays incident 
to this procedure often amounted to a complete denial of 
justice. For this reason a court of claims was created 
by Congress and is now given power to adjudicate all 
classes of claims against the United States, except pen- 
sions. Congress appropriates money to pay the claims 
allowed. 

Judges. There are five judges in the court of claims. 
Each receives $6,000 a year. 

Miscellaneous 
rights of the states 

Representation. Each state is entitled to at least one 
Representative in the House of Representatives, and no 
amendment to the Constitution can be made which will 
deprive any state, without its consent, of its equal suf- 
frage in the Senate. 

Citizenship. The citizens in each state are entitled to 
all the privileges and immunities of citizens in the sev- 



NATIONAL GOVERNMENT 173 

eral states. A state is not bound to confer upon a person 
coming into it all the rights and privileges which he 
might enjoy in some other state, but only such as it 
gives to its own citizens. Thus a man who cannot read 
loses the right to vote by moving from Illinois to such a 
state as Massachusetts or Connecticut, where inability 
to read is a bar to voting. 

Protection. The United States guarantees to every 
state a republican form of government, and protects it 
from invasion and domestic violence on the application 
of the legislature of the state, or the Governor when the 
legislature cannot be convened. 

Requisitions. If a person charged in any state with 
treason, felony, or other infamous crime, flees from justice 
and is found in another state, he must, on the demand of 
the Governor of the state from which he fled, be delivered 
up, to be removed to the state which has jurisdiction of 
the crime. The writ issued by the Governor of a state 
demanding or requesting of the Governor of another 
state the surrender of a person accused of a crime com- 
mitted in the former state is called a "requisition," and 
the person wanted is called a "fugitive from justice." 
The whole procedure of removing a person from one 
state to another for trial by requisition is called 
"extradition." 

The United States has treaties with almost all other 
nations and countries whereby persons accused of crime 
are delivered up for trial by means of extradition. 

Rights Reserved. The powers not delegated to the 
United States by 'the Constitution, nor prohibited by it 
to the states, are reserved to the states or to the people, 
and the enumeration of certain rights must not be con- 
strued to deny or disparage others retained by the 
people. 



174 ILLINOIS AND THE NATION 



LIMITATIONS ON THE STATES 

Alliances Prohibited. No state can enter into any 
treaty, alliance, or confederation, or enter into any agree- 
ment or compact with another state, or with a foreign 
power, without the consent of Congress. The national 
government could not exist if the several states could 
enter into treaties or alliances with foreign states — in 
fact, the United States would not then be recognized as 
a nation having sovereign power. 

Money. No state can coin money, emit bills of credit, 
make anything but gold and silver coin a legal tender in 
payment of debt, or pass any law impairing the obliga- 
tions of contracts. 

For a state to emit bills of credit would be for it to 
issue paper pledging its faith for the payment, and de- 
signing such paper to circulate as money. 

Any kind of money is legal tender when a debtor can 
compel his creditor to accept such money in satisfaction 
of a debt. Congress has made paper money a legal 
tender, but the states cannot do this. If they could, it 
would result in so many different kinds of money as to 
cause endless confusion. 

War. No state can grant letters of marque and re- 
prisal. Neither can it, without the consent of Congress, 
keep troops or ships of war in time of peace, nor engage 
in war unless actually invaded, or in such imminent 
danger as will not admit of delay. This does not prevent 
the states from maintaining militia. The second amend- 
ment to the Constitution states that "A well-regulated 
militia being necessary to the security of a free state, the 
right of the people to keep and bear arms shall not be 
infringed." 



NATIONAL GOVERNMENT 175 

Duties. No state can, without the consent of Con- 
gress, lay any duty of tonnage, or any duties on exports 
or imports, except what may be absolutely necessary for 
executing the inspection laws. The net proceeds of all 
such duties are held for the use of the Treasurer of the 
United States. 

If the states on the seacoast could levy duties for the 
purposes of revenue, it would be a constant source of 
confusion, jealousy, and strife, not only among such 
states, but between them and all others not so situated. 

Civil and Personal Rights. All persons born or natu- 
ralized in the United States, and subject to their juris- 
diction, are citizens of the United States and of the states 
in which they reside, and no state can make or enforce 
any law which shall abridge the privileges or immunities 
of citizens of the United States. No state can deprive 
any person of life, liberty, or property, without due 
process of law, or deny to any person within its jurisdic- 
tion the equal protection of the laws. 

No state can pass any bill of attainder or ex post facto 
law. 

Title of Nobility. No state can grant any title of 
nobility. 

Illegal Debts. A state cannot assume or pay any 
debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or for the loss or 
emancipation of any slave. 

GENERAL PROVISIONS 

Admission of States. Congress may admit new states 
into the Union, but no new state can be formed within 
the jurisdiction of any other state, or by the junction 
of two or more states, without the consent of the legis- 
latures of the states concerned, as well as of Congress. 



176 ILLINOIS AND THE NATION 

Amendments to the Constitution. Whenever two- 
thirds of both houses may deem it necessary, Congress 
must propose amendments to the Constitution ; or, on 
application of the legislatures of two-thirds of the states, 
must call a convention for proposing amendments. 
Amendments proposed in either of these ways are valid 
to all intents and purposes as part of the Constitution 
when ratified by the legislatures of three-fourths of the 
states, or by conventions in three-fourths of the states, 
as the one or the other mode of ratification may be pro- 
posed by Congress. But no amendment can be made 
which will deprive any state, without its consent, of its 
equal suffrage in the Senate. 

Seventeen amendments to the Constitution have been 
adopted. The first ten were proposed by the First -Con- 
gress, and were ratified in 1791. They all pertain to the 
rights of the people, and, taken together, constitute what 
is called a "Bill of Rights." The second article of the 
Constitution of Illinois consists of a Bill of Rights. 

The eleventh amendment, ratified in 1798, limits the 
jurisdiction of the national judiciary. The twelfth, rati- 
fied in 1804, changes the mode of electing the President 
and Vice-President. The thirteenth amendment, ratified 
in 1865, abolishes slavery in the United States. The 
fourteenth, ratified in 1868, declares the emancipated 
slaves to be citizens, invests them with full civil rights, 
prescribes the manner of apportioning the Representa- 
tives among the states, places a political disability upon 
all persons who, having sworn to support the Constitu- 
tion, afterward engaged in rebellion against the United 
States, and provides that such disability may be removed 
by a two-thirds vote in both houses of Congress. The 
fifteenth provides that the right of citizens of the United 
States to vote cannot be denied or abridged on account 



NATIONAL GOVERNMENT 177 

of race, color, or previous condition- of servitude. This 
was ratified in 1870. The sixteenth amendment provides 
that Congress shall have power to lay and collect taxes 
on incomes, from whatever source derived, without ap- 
portionment among the several states, and without 
regard to any census or enumeration. The seventeenth 
amendment provides for the election of United States 
Senators directly by the people. The sixteenth and sev- 
enteenth amendments were both ratified in 1913. 

Supreme Law. The Constitution of the United 
States, the laws made in pursuance of its provisions, and 
all treaties made under the authority of the United 
States, constitute the supreme law of the land. The 
judges in every state are bound by these, notwithstand- 
ing anything which may be in the Constitution or laws 
of any state. 

Personal Rights. No soldier can, in time of peace, 
be quartered in any house without the consent of the 
owner, or in time of war, except in the manner provided 
by law. 

The people have the right to be secure in their per- 
sons, houses, papers, and effects against unreasonable 
searches and seizures. Warrants cannot be issued except 
on probable cause, supported by oath (or affirmation), 
and particularly describing the place to be searched, and 
the persons or things to be seized. 

Slavery. Neither slavery nor involuntary servitude, 
except as a punishment for crime of which the person is 
duly convicted, can exist within the limits of the United 
States, or in any place subject to its jurisdiction. 

Public Debt. The validity of the public debt of the 
United States, authorized by law, including debts in- 
curred for payment of pensions and bounties for service 
in suppressing insurrection and rebellion, cannot be 



178 ILLINOIS AND THE NATION 

questioned. The United States cannot assume or pay- 
any debt or obligation incurred in aid of insurrection or 
rebellion against the United States, or any claim for the 
loss or emancipation of any slave. 



Questions and Topics for Study 

i. In studying the national government, compare and contrast 
it with the state government at every point. 2. (a) When 
were the Articles of Confederation adopted by Congress? (b) 
When ratified by the states? (c) Give at least three marked 
defects. 3. (a) When and by whom was the Constitution of 
the United States prepared and adopted? (b) When ratified 
by the states? 

4. (a) State the qualifications of Representatives, (b) Of 
Senators. 5. How many Representatives has Illinois? 6. (a) 
In what congressional district do you live? (b) Who is the 
Representative from that district? (c) When was he elected? 
7. (a) Who are the present Senators from Illinois? (b) When 
elected ? 

8. Fully describe the election of a President of the United 
States, giving particulars concerning electors and the electoral 
vote. 9. What are the qualifications of the President? 10. 
(a) Who is now President? (b) When elected? 11. Name 
the present cabinet officers. 12. (a) To what political party 
does the President belong? (b) What political party at pres- 
ent controls the Senate? (c) The House of Representatives? 

13. State the different ways in which a bill having passed 
both houses of Congress, may become a law. 14. State several 
of the important powers of Congress expressed in the Constitu- 
tion. 15. Explain what you understand by expressed powers 
and implied powers. 16. (a) Give an illustration of congres- 
sional legislation not directly authorized by an expressed provi- 
sion in the Constitution, (b) How about the recent provision 
for a system of reserve banks? 



NATIONAL GOVERNMENT 



179 



17. (a) How can the Constitution of the United States be 
amended? (b) What one exception to this provision? 18. 
What amendments to our Constitution are often referred to as 
our "Bill of Rights"? 19. State the subject of each of the 
amendments from the eleventh to the seventeenth, inclusive. 
20. Copy and complete this table and preserve for future ref- 
erence : 



OFFICE 


BY WHOM 
ELECTED OR 
APPOINTFD 


LENGTH 
OF TEEM 


DUTIES 


PRESENT 

INCUMBENT 


President 










Vice-President 










Sec. of State 










Sec. of Treasury 










Sec. of War 










Sec. of Navy 










Sec. of Interior 










Post Master-Gen. 










Attorney-General 










Sec. of Agriculture 










Sec. of Commerce 










Sec. of Labor 










Chief Justice 










Spkr. of the House 










Senators from 111. 










Member of Cong. 
From your district 











PART TWO 



FOR ADDITIONAL READING OR STUDY 

STATE EDUCATIONAL INSTITUTIONS 

Illinois State Normal University. The oldest educa- 
tional institution of the state is the Normal University, 
at Normal, McLean County. It was established in 1857. 
Its purpose is to prepare teachers for their work in the 
public schools of the state. The institution is under the 
control of the Board of Education of the State of Illinois. 
This board consists of fifteen members. The State Super- 
intendent of Public Instruction is ex officio secretary of 
the board. 

Southern Illinois Normal University. This institu- 
tion was established in 1869. It is located at Carbondale, 
Jackson County. Its object is to qualify teachers for the 
schools of the state. The Southern Illinois Normal is 
controlled by a board of trustees — five in number. 

Northern Illinois State Normal School. This school 
was established in 1895, and is located at DeKalb, in 
DeKalb County. Its object is to qualify teachers for 
the common schools of this state by imparting instruc- 
tion in the art of teaching in all branches of study which 
pertain to a common school education, in the elements of 
the natural and the physical sciences, in the funda- 
mental laws of the United States and of the State of 
Illinois in regard to the rights and duties of citizens. 

181 



182 ILLINOIS AND THE NATION 

Eastern Illinois State Normal School. This school 
was also established in 1895, and is located at Charleston, 
Coles County. Its object is the same as that of the 
Northern Normal School. 

Western Illinois State Normal School. This school 
was established in 1899. Its object is similar to that of 
the other normal schools. It is located at Macomb. 

The Northern, Eastern, and Western Normal Schools 
are controlled by boards of trustees — of five members 
each. 

University of Illinois. This institution, located at 
Urbana, Champaign County, was established in 1867, 
under the name of Illinois Industrial University. The 
change to University of Illinois was made in 1885, the 
fact that the word industrial is applied to charitable and 
penal institutions being the principal reason for the 
change. 

In 1862 Congress provided for the apportionment, to 
such of the states as should comply with certain pro- 
visions within five years, of an amount of public land 
equal to thirty thousand acres for each Senator and 
Representative in Congress to which each state was 
entitled by the census of 1860. One of the provisions 
of the grant was that there should be established in each 
state desiring to obtain an apportionment of land at 
least one college in which the leading object should be 
to teach such branches of learning as are related to agri- 
culture and the mechanic arts. No part of the proceeds 
of the sale of such public lands can be used for the pur- 
chase, erection, or repair of any building, but must be 
safely invested in stocks, the interest being used for the 
support and maintenance of the college. 

The present University of Illinois was established 
under the provisions of this act of Congress. For several 



FOR ADDITIONAL READING OR STUDY 183 

years it was controlled by a board of trustees — eleven in 
number. Three trustees were appointed from each su- 
preme court grand division, and the Governor and the 
President of the State Board of Agriculture were ex 
officio members. In 1887 a law was passed providing for 
the election by the people of nine trustees — three being 
elected every two years, the first election occurring in 
1888. The State Superintendent was added to the ex officio 
members at that time. 

Illinois Farmers' Institute. This institute was cre- 
ated by the legislature in 1895, for the purpose of assist- 
ing and encouraging useful education among the farmers, 
and for developing the agricultural resources of the state. 
It consists of three delegates from each county of the 
state, elected annually by the farmers' institutes of the 
respective counties. The affairs of the institute are man- 
aged by a board of directors consisting of twenty-seven 
members. A room at the capitol building at Springfield 
has been assigned to the use of the institute. 

STATE CHARITABLE INSTITUTIONS 

Control. All the state charitable institutions are 
controlled by the State Board of Administration. 

Hospitals for the Insane. Illinois has ten hospitals 
for the insane, including two for insane criminals. 

Alton State Hospital. This hospital is located at 
Alton, Madison County. 

Elgin State Hospital. This hospital is located at 
Elgin, Kane County. 

Kankakee State Hospital. This hospital is located at 
Kankakee, Kankakee County. 

Jacksonville State Hospital. This hospital is located 
at Jacksonville, Morgan County. 



184 ILLINOIS AND THE NATION 

Anna State Hospital. This hospital is located at 
Anna, Union County. 

Watertown State Hospital. This hospital is located 
at Watertown, Rock Island County. 

Peoria State Hospital. This hospital is located at 
South Bartonville, near Peoria, in Peoria County. 

Chicago State Hospital. This hospital is located at 
Dunning, near Chicago, in Cook County. 

Chester State Hospital. This hospital is for insane 
criminals, and is located at Chester, Randolph County. 

Illinois Asylum for Insane Criminals. This asylum 
is located near Joliet, Will County. 

School for the Deaf. This institution is located at 
Jacksonville. It is maintained for the education of the 
deaf and dumb. 

School for the Blind. This institution is also at Jack- 
sonville. 

Lincoln State School and Colony. This institution is 
located at Lincoln, Logan County. Its purpose is to fit 
feeble minded children, as far as possible, for earning 
their own livelihood. 

Eye and Ear Infirmary. This infirmary is located at 
Chicago. Its object is to provide gratuitous board and 
medical treatment for all indigent residents of Illinois 
who are afflicted with diseases of the eye or ear. 

It was incorporated as a private charitable institution 
in 1865, became a state institution in 1871, was burned 
at the time of the great Chicago fire, and was rebuilt in 
1873. 

Soldiers* Orphans' Home. This home for the educa- 
tion of the orphans of Union soldiers is at Normal. It 
was established in 1865. 

Soldiers' and Sailors' Home. This institution, estab- 
lished in 1885, is at Quincy, Adams County. Its purpose 



FOR ADDITIONAL READING OR STUDY 185 

is to provide a home and subsistence for such honorably 
discharged ex-soldiers and sailors, residents of Illinois, 
who from age or other cause are unable to maintain 
themselves, and yet, under the existing laws, cannot be 
admitted to one of the national homes. 

Soldiers' Widows' Home of Illinois. This home was 
established in 1895, and is located at Wilmington, Will 
County. 

Illinois Industrial Home for the Blind. An act passed 
in 1887 provided for the establishment of an industrial 
home designed to promote the welfare of the blind by 
teaching them trades and affording them employment 
that will best tend to make them self supporting. No 
steps were taken toward it until 1893. It is located at 
Chicago. 

State Training School for Girls. This institution was 
established in 1893. Its permanent location is at Geneva, 
Kane County. It is for the confinement, education, and 
reformation of girls between the ages of ten and sixteen 
years, who have been convicted of offenses punishable at 
law. 

The State Board of Administration has power to 
place girls who have been committed to the training 
school in the home of any good citizen, or give them to 
proper persons who will adopt them, or to bind them 
as apprentices to reputable citizens during their minority. 
The Governor or the board may discharge any girl at 
any time. 

St. Charles School for Boys. This school is located 
at St. Charles, in Kane County. It was established as a 
home for delinquent boys. A delinquent boy is one 
under the age of seventeen years who violates any law 
of the state or any city or village ordinance, or who is 
incorrigible, or runs away from home, or commits various 



186 ILLINOIS AND THE NATION 

other offenses denned by statute. Boys are committed 
to this school by courts instead of being sent to jail or 
other prisons. 

State Colony for Epileptics. The object of this insti- 
tution is to secure for resident epileptics of Illinois a 
place of employment, instruction, treatment, and cus- 
tody. 

Illinois Surgical Institute for Children. This institute 
was created by the legislature in 1911. Its purpose is to 
receive, treat, and nurse deformed or injured children 
under the age of 14 years whose parents or guardians are 
financially unable to provide surgical treatment. 

ILLINOIS CENTRAL RAILROAD 

Authorized by Congress. In 1850, through the efforts 
of Stephen A. Douglas, a bill was passed by Congress 
granting to the State of Illinois the. right of way through 
the public lands for the construction of the Illinois Cen- 
tral Railroad. This road was to extend from the south- 
ern terminus of the Illinois and Michigan Canal to a point 
at or near the junction of the Ohio and Mississippi 
Rivers, with a branch to Chicago, and another by way of 
Galena, Illinois, to Dubuque, Iowa. 

To aid in the construction of the railroad, Congress 
also gave to the state every alternate section of land, 
designated by even numbers, for six sections in width 
on each side of the road and its branches. 

Charter from the State. In 1851 the General Assem- 
bly of the state gave to a corporation known as the Illi- 
nois Central Railroad Company, a deed of trust for all 
the lands received from Congress, on the condition that 
the company should build the road and its branches 
within a specified time, and pay into the state treasury on 



FOR ADDITIONAL READING OR STUDY 187 

the first Monday of December and June of each year 
seven per cent of the gross earnings of the company. 
The first payment was to be made in four years on the 
road, and in six years on its branches, or when com- 
pleted, if before the times named. The railroad brought 
about an immediate settlement with the state, and the 
semi-annual income derived from it has made state 
taxes comparatively light. The annual income from the 
Illinois Central Railroad is now more than $1,000,000. 
The new constitution provides that the Illinois Cen- 
tral Railroad shall never be in any way released from its 
obligations to the state, and that, after the state debt is 
paid, the money received from it shall be used only for 
the ordinary expenses of the state. 

ILLINOIS AND MICHIGAN CANAL 

Authorized by Congress. In the year 1822, Congress 
granted to the State of Illinois for the purpose of joining 
the Illinois River and the head of Lake Michigan, the 
right of way for the construction of the Illinois and 
Michigan Canal. About the time the grant was made, 
a survey of the route was made by engineers employed 
by the state. It was estimated that the canal would cost 
$640,000. 

In 1827 another act was passed by Congress granting 
to the State of Illinois the alternate sections of the public 
lands for five miles on each side of the canal and along 
its entire route. The canal was to be begun within five 
years and completed within twenty years. 

Legislative Acts. In 1825 a company was incorpo- 
rated by the state legislature for the purpose of con- 
structing the canal, but ■ sufficient stock was not sub- 
scribed. In 1829 an attempt was made to begin the work 



188 ILLINOIS AND THE NATION 

under a new law, but little success was met with. A 
new survey of the route was made and some of the land 
of the grant of 1827 was sold. Chicago and Ottawa were 
laid out at this time. A subsequent attempt to raise the 
necessary funds by a loan upon the pledge of the canal 
lands proved a failure. Finally, in 1835, a loan of half 
a million dollars upon the credit of the state was effected, 
and the real beginning of the construction of the canal 
was made in the summer of the next year. A little later 
a loan of $4,000,000 was authorized for the completion of 
the canal. It is 102 miles long, and cost $8,654,337. 

STATE BOARDS 

Joint Legislative Reference Bureau. This bureau is 
composed of the Governor, the chairmen of the commit- 
tees on appropriations of the Senate and the House. The 
Governor is ex officio chairman of the bureau. 

It is the duty of this bureau to collect and keep on 
file for convenient reference all such information as may 
be of use to the members of the legislature in framing 
and passing laws for this state. The bureau appoints a 
secretary and fixes his salary at not to exceed $5,000. 

The members of the bureau receive no compensation 
aside from their regular salaries as Governor and mem- 
bers of the General Assembly, but are allowed actual 
expenses not connected with their regular official duties. 

Canvassing Board. The Secretary of State, Auditor, 
Treasurer, and Attorney-General constitute what is called 
the State Canvassing Board. These officers, or any two 
of them, within twenty days after every general election, 
must, in the presence of the Governor, canvass the elec- 
tion returns made by the several county clerks, to deter- 
mine who has the highest number of votes for each office. 



FOR ADDITIONAL READING OR STUDY 189 

Commissioners of State Library. The Governor, Sec- 
retary of State, and State Superintendent of Public In- 
struction are, ex officio, Commissioners of the State 
Library. The Secretary of State is librarian. This 
library is for the use of the state officers. 

Trustees of Natural History Museum. The above 
named officers are also trustees of the State Natural 
History Museum. The museum is located at Springfield. 

State Geologist. This officer, who is also curator of 
the State Historical Library and Natural History 
Museum, is appointed by the board of trustees of the 
museum. His term of office is not defined by law. It 
is his duty to make a geological survey of the state and 
to publish a report of his work, annually ; also to collect 
a complete set of the specimens of the geology of Illinois. 
He receives as geologist and curator the sum of $3,000 
a year. 

Lincoln Homestead Trustees. The Governor, Secre- 
tary of State, Auditor, Treasurer, and Superintendent of 
Public Instruction constitute a board of trustees to hold 
in trust for the State of Illinois the Lincoln homestead 
in Springfield. The public now has free access to the 
homestead. 

Lincoln Monument Commissioners. The Governor, 
Superintendent of Public Instruction, and Treasurer con- 
stitute a board of commissioners for the custody, man- 
agement, and control of the Lincoln Monument and 
its grounds, consisting of about nine acres, near 
Springfield. 

Commissioners of State Contracts. The Secretary of 
State, .Auditor, Treasurer, and Attorney-General are, ex 
officio. Commissioners of State Contracts. They have 
charge of the letting of state contracts, such as those for 
fuel, stationery, and printing. 



190 ILLINOIS AND THE NATION 

State Geological Commission. The Governor, the 
President of the University of Illinois, and one other 
competent person appointed by the Governor constitute 
the State Geological Commission. This commission has 
charge of a bureau created in 1905 and known as the 
State Geological Survey. The commissioners serve with- 
out compensation, except actual expenses, and appoint a 
director and fix his salary. This bureau has for its chief 
object the study of the geological formations of the state 
with special reference to its products and its mineral 
resources. 

State Board of Equalization. The board consists of 
one member, elected by the people, from each congres- 
sional district, and the Auditor of Public Accounts. The 
board meets" annually at the state capital on the second 
Tuesday in August. It is the duty of the board to exam- 
ine and equalize the tax assessments made by the differ- 
ent counties ; also to assess the capital stock and fran- 
chises of all corporations whose capital stock is worth 
more than the assessed value of their tangible property. 

Each member receives $1,000 a year. 

State Board of Agriculture. The members of this 
board are a president, one vice-president from each con- 
gressional district in the state, and the last ex-president 
of the board. The board is elected on the state fair 
grounds on the first Wednesday of the fair, biennially in 
even numbered years, by delegates from the several 
counties. The delegates are appointed by the agricul- 
tural societies of their respective counties, or by the 
county board, if there be no such society in the county. 
The board has charge of the state department of agri- 
culture, and of the state fairs and stock shows. 

State Horticultural Society. This society embraces 
the northern, central, and southern district horticultural 



FOR ADDITIONAL READING OR STUDY 191 

societies of the state. It is controlled by an executive 
board consisting of the president and secretary of the 
state society and the president and one vice-president of 
each district society. The board has the sole care and 
disposal of certain funds appropriated by the legislature 
for the promotion of the interests of gardening and tree 
culture in this state. The board holds biennial meetings, 
and reports its transactions to the Governor. 

Board of Prison Industries. The commissioners of 
the penitentiaries at Joliet and Chester, and the board 
of managers of the reformatory at Pontiac now consti- 
tute the Board of Prison Industries of Illinois. 

This board is required to establish and maintain a 
system of prison industry which will be for the best 
interests and the future welfare of prisoners, and yet 
shall not cause their products to be sold in competition 
with the products of outside labor. Prison products, so 
far as possible, are to be utilized by the state and its 
political subdivisions, such as counties and cities. 

BOARDS APPOINTED BY THE GOVERNOR 

Board of Administration. All the state charitable 
institutions were placed under the control of the Board 
of Administration on January 1, 1910. 

This board consists of five persons (not more than 
three of whom shall belong to the same political party) 
appointed by the Governor, with the consent of the Sen- 
ate, for six years. One member must be a person quali- 
fied by experience to advise the board regarding the 
care of the insane, the feeble minded, and the epileptic ; 
one member must be designated from time to time by 
the Governor to be president of the board, and the other 
three members must be at least reputable citizens. 



192 ILLINOIS AND THE NATION 

The Board of Administration has very extended 
powers and duties, and succeeds, in a general way, to 
all the rights, powers, and duties of the various boards 
of trustees, managers, and commissioners which formerly 
had charge of the several state charitable institutions. 

All employees of the state charitable institutions, 
except the managing officers, must be appointed under 
and are subject to the civil service law of the state. 

Each member of the Board of Administration receives 
a salary of $6,000 a year and his actual traveling ex- 
penses. Each member must devote his entire time to the 
duties of his position and shall neither hold any other 
lucrative office nor follow any other gainful profession, 
occupation, or employment. 

Supervising Engineer. This officer is appointed by 
the Board of Administration and is subject to removal 
by the board at any time. It is the duty of the super- 
vising engineer to consult with and advise the legis- 
lature, its members and committees, and the Board of 
Administration in all matters required in the construc- 
tion, repair, equipment, and economical management of 
the state institutions. The engineer must reside at; 
Springfield and devote his entire time to the duties of 
his office. He receives $4,000 a year. 

State Deportation Agent. This officer is appointed 
by the Board of Administration. It is his duty to ar- 
range for the deportation of alien inmates found in the 
state hospitals for the insane and the other state charita- 
ble institutions of Illinois. He must devote his entire 
time to the duties of his office. His salary is $3,600 a 
year. 

State Public Utilities Commission. This commission 
consists of five members, appointed by the Governor with 
the consent of the Senate, for six years. Not more than 



FOR ADDITIONAL READING OR STUDY 193 

three members may be affiliated with the same political 
party. The Governor from time to time designates a 
member of the commission to be its chairman. 

The commission has general supervision of all public 
utilities within the state. It has power to compel all 
railroad, express, sleeping car, telegraph, and telephone 
companies, steamboat, private car, and fast freight lines, 
gas, electric light, heat, power, water, storage, and ware- 
house companies, and oil or gas pipe lines to serve the 
public with reasonable efficiency and safety and at rea- 
sonable rates. It also has power to regulate the issue of 
stocks, bonds, notes, and other evidences of indebtedness 
by public utilities companies. 

The Public Utilities Commission appoints a secretary 
who receives a salary of $5,000 a year. It also appoints 
an attorney-at-law of this state as counsel to the com- 
mission at a salary of $6,000 a year. 

The annual salary of each commissioner is $10,000. 

Game and Fish Conservation Commission. This com- 
mission consists of three persons appointed by the Gov- 
ernor with the consent of the Senate. One member, 
designated by the Governor, is president of the com- 
mission. 

It is the duty of the commission to conserve the 
game, wild fowl, birds, and fish of the state, to secure 
the enforcement of all state laws for the preservation 
of game, wild fowl, birds, and fish, and to prosecute all 
violators of such laws. 

The president of the commission receives $4,000 and 
the two remaining members $3,000 a year. All receive 
actual traveling expenses. 

Wardens. The Game and Fish Conservation Com- 
mission has power to appoint certain wardens and dep- 
uty wardens as prodived by law. 



194 ILLINOIS AND THE NATION 

Fish Culturist. This commission also has power to 
employ a competent fish culturist who has general 
charge of the state fish hatcheries for the propagation 
and increase of native food fishes and for the introduc- 
tion of new varieties of food fishes into the waters of the 
state. 

State Weigh-M asters. In all cities where there is 
state inspection of grain the Public Utilities Commission 
appoints a State Weigh-Master and such assistants as 
may be necessary. 

The State Weigh-Master and his assistants have ex- 
clusive control of the weighing of grain and other prop- 
erty which may be subject to inspection. They also 
inspect the scales used in weighing such property. 

The pay of the State Weigh-Master and his assistants 
is fixed by the Public Utilities Commission." 

State Civil Service Commission. The Governor, with 
the advice and consent of the Senate, appoints three per- 
sons, not more than two of whom shall be of the same 
political party, to constitute this commission. The com- 
missioners classify all the offices and places of employ- 
ment in the several charitable institutions of the state, 
and in all state service except (1) officers elected by the 
people ; (2) officers appointed by the Governor subject 
to confirmation by the Senate ; (3) officers and employees 
of the General Assembly or either house thereof; (4) 
judges and officers appointed by judges, clerks of courts, 
notaries public-; (5) persons in military service; (6) 
presidents and teachers of the University of Illinois and 
the state normal schools, together with the private secre- 
tary or stenographer in the office of the president of each 
of these educational institutions; (7) assistants, regular 
or special, of the Attorney-General or attorneys employed 
by any state board or officer; (8) building and loan and 



FOR ADDITIONAL READING OR STUDY 195 

bank examiners ; (9) superintendents, wardens, and chap- 
lains of state charitable, correctional, and penal institu- 
tions; and (10) all clerks and watchmen in the offices of 
Governor, Lieutenant-Governor, Secretary of State, State 
Treasurer, Auditor, and Superintendent of Schools. 

Under the classified service, appointments are made 
upon competitive examinations, and promotions are 
based upon examinations, merit, and seniority of service. 

The commissioners serve six years. The one selected 
to act as president of the board receives $4,000 a year. 
The others receive $3,000 a year. 

State Mining Board. This board is composed of five 
members appointed by the Governor with the consent of 
the Senate. Two of its members must be practical coal 
miners, one a practical coal mine hoisting engineer, and 
two must be coal mine operators. One of the operators 
of the board is selected as president and one of the 
miners is selected as its secretary. 

It is the duty of the board to enforce the state mining 
law, and to make formal inquiry into and pass upon the 
practical and technical qualifications and personal fitness 
of men seeking employment as state inspectors of mines, 
mine managers, and hoisting engineers. 

The members of the State Mining Board serve two 
years, and receive $5 a day for not to exceed 100 days 
in any one year. They also receive actual expenses. 

Miners' Examining Board. The Governor, with the 
consent of the Senate, appoints three persons as mem- 
bers of this board to serve three years. No person shall 
be appointed a member who has not had five years' prac- 
tical and continuous experience as a coal miner. It is 
the duty of this board to examine all persons who desire 
to engage in mining in this state, and to grant certificates 
to such persons as the board may find to be competent 



19G ILLINOIS AND THE NATION 

and qualified. Each member receives a salary of $1,500 
a year. 

Mining Investigation Commission. This commission 
consists of nine members : three coal mine owners, three 
coal miners, and three qualified men not interested in 
coal mining — all appointed by the Governor. The com- 
mission has power to investigate methods and conditions 
of coal mining in Illinois with special reference to safety 
of human lives and property and the conservation of the 
coal deposits. 

The three disinterested members receive pay for each 
day of actual service ; the other members receive no com- 
pensation. All receive their actual expenses. 

Mine Rescue Station Commission. This commission 
is appointed by the Governor for one year. It consists 
of seven members, all of whom are connected in some 
representative way with the coal mining industry in 
Illinois. Under the charge of this commission the state 
maintains at public expense three rescue stations to serve 
the northern, central, and southern coal fields of Illinois. 
The stations are located at La Salle, Springfield, and 
Benton, and provide means for fighting fires and saving 
lives and property in case of explosions or other acci- 
dents in mines. 

The commissioners are paid $10 a day for a limited 
number of days each year. 

State Art Commission. This commission consists of 
two painters (artists), two sculptors, two architects, and 
two other persons not engaged in any of these pursuits, 
who are appointed by the Governor with the consent of 
the Senate, to serve four years. The Governor is ex 
officio a member of this commission, the members of which 
receive no compensation. 

It is the duty of the commission to act in an advisory 



FOR ADDITIONAL READING OR STUDY 197 

capacity relative to the creation, acquisition, construc- 
tion, erection, or remodeling by the state, or upon its 
land, of any work of art, or any building with reference 
to its artistic character. 

Live Stock Commissioners. This board, consisting of 
three practical stock breeders, is appointed by the Gov- 
ernor, with the consent of the Senate, for three years. 

It is the duty of this board to cause to be investigated 
all cases, real or alleged, that may come to its knowledge 
of contagious or infectious diseases among domestic ani- 
mals. The board has power to quarantine all premises 
where disease exists, or has recently existed, together 
with all exposed premises. It has power to order the 
slaughter of all such animals as have been exposed to 
any contagious disease. The State Veterinarian and his 
assistants act under the direction of this board. 

The board reports annually to the Governor a full 
statement of its transactions and expenditures, and rec- 
ommends the payment of such damages for the slaughter 
of animals as it shall deem proper. The members of the 
board receive their necessary traveling and incidental 
expenses. 

Commissioners of Labor. This board consists of five 
commissioners appointed by the Governor, with the con- 
sent of the Senate, for two years. Three of the commis- 
sioners must be manual laborers, and the other two 
manufacturers or employers of labor in some productive 
industry. This board constitutes the "Bureau of Labor 
Statistics." The bureau collects statistics relating to 
labor and the laboring classes, and presents them in its 
biennial report to the General Assembly. The com- 
missioners receive $5 a day for thirty days, annually, 
besides traveling, incidental, and office expenses. They 
appoint a secretary at a salary of $2,500 a year. 



198 ILLINOIS AND THE NATION 

Charities Commission. This commission consists of 
five members appointed by the Governor, with the con- 
sent of the Senate, for five years. It is the duty of the 
commission to investigate the whole system of charitable 
institutions of the state, examine into the condition of 
such institutions, and report annually to the Governor, 
with such suggestions and recommendations as it may 
deem necessary and pertinent. 

Not more than three members of the commission 
shall belong to the same political party. The members 
give no bond and receive no pay except actual traveling 
expenses. They employ a secretary and other necessary 
assistants. 

State Highway Commission. This commission is 
composed of three members, appointed by the Governor, 
with the consent of the Senate, to serve six years. No 
more than two members can be affiliated with the same 
political party. Each member must devote his whole 
time to the work of the commission. The Governor 
designates one commissioner to act as chairman. 

The commission has general supervision of all high- 
ways and bridges constructed, improved, or maintained 
in whole or in part by the state road and bridge fund. 
It lets all contracts for the construction and improve- 
ment of "state aid" roads. 

Each commissioner gives a bond of $10,000 and re- 
ceives $3,500 a year and necessary traveling expenses. 

Rivers and Lakes Commission. This commission 
consists of three members appointed by the Governor for 
three years. Not more than two members are of the 
same political party. One member is a civil engineer, 
another a lawyer, and the third a man intimately ac- 
quainted with the rivers and lakes of the state. 

The commission has jurisdiction and supervision over 



FOR ADDITIONAL READING OR STUDY 199 

all the rivers and lakes of Illinois in which the state has 
any right or interest. It is the duty of the commission 
to protect the interests of the public against all forms of 
encroachment upon rivers and lakes by private persons 
or interests, and to devise methods of preserving and 
beautifying the public waters of the state. 

The chairman of the commission receives $5,000 a 
year. Each of the other members receives $3,500 a year. 

Board of Pharmacy. The Governor, with the con- 
sent of the Senate, appoints competent persons to consti- 
tute a Board of Pharmacy. The members of this board 
are recommended to the Governor by the Illinois Phar- 
maceutical Association, and must be persons of at least 
ten years' practical experience in the dispensing of phy- 
sicians' prescriptions. They are appointed for five years. 

It is the duty of this board to examine all applications 
made by persons who desire to become registered phar- 
macists, or registered assistant pharmacists, and to grant 
certificates of registration to such persons as are legally 
qualified to receive such certificates. The board makes 
an annual report of its transactions to the Governor. 
The members chose one of their number president, and 
another secretary. The secretary receives a salary fixed 
by the board. The other members receive $8 a day for 
the time actually employed. All receive necessary trav- 
eling and incidental expenses. 

State Board of Health. The State Board of Health 
was created by law in 1877. The board consists of seven 
members, appointed for seven years. It is the duty of 
the board to prevent the introduction of contagious dis- 
eases into the state. They have power to quarantine 
when necessary. 

The board also grants certificates authorizing com- 
petent persons to practice medicine within the state. 



200 ILLINOIS AND THE NATION 

State Board of Arbitration. This board consists of 
three members, not more than two of whom belong to 
the same political party. They are appointed by the 
Governor, with the advice and consent of the Senate, and 
serve three years. Each receives $1,500 per year. 

The purpose of the board is to act as a board of 
arbitration and conciliation whenever any controversy 
or difficulty, not involving questions which may be set- 
tled by the courts in the usual manner, exists between 
a person, partnership, or corporation, employing not less 
than twenty-five persons, and his employees in this state. 
The action of the board is not legally binding upon the 
parties involved in the controversy unless they join in an 
application for the board to arbitrate the matter in ques- 
tion. In cases of strikes and lockouts, threatened or 
actual, the board endeavors to bring about an amicable 
settlement. 

State Board of Pardons. A State Board of Pardons 
was created by the legislature in 1897. It consists of 
three members, not more than two of whom shall belong 
to the same political party. Their duty is to hear all 
applications for the pardons of persons convicted of 
crime, and to report their conclusions and recommenda- 
tions to the Governor. The board holds four meetings 
a year at Springfield. 

The members of the board are appointed by the 
Governor, with the consent of the Senate, for a term 
of three years. They appoint a clerk. Each member of 
the board and the clerk receives $2,000 per year. 

Canal Commissioners. These commissioners, three 
in number, are appointed by the Governor, with the con- 
sent of the Senate, for two years. They are to be "dis- 
creet and skillful persons," and have general control of 
the Illinois and Michigan Canal, and the locks, dams, 



FOR ADDITIONAL READING OR STUDY 201 

and other improvements of the Illinois and Little 
Wabash Rivers. 

Illinois Park Commission. This commission, created 
in 1911, consists of three members appointed by the 
Governor for three years. It has charge of the Starved 
Rock State Park in La Salle County and all future parks 
acquired by the state are to be under its control. The 
members serve without pay, but are allowed necessary 
traveling and other expenses. 

Trustees of State Historical Library. The State His- 
torical Library at Springfield is under the charge of 
three trustees appointed by the Governor for two years. 
They receive only necessary expenses. 

Industrial Board. This board consists of three mem- 
bers appointed by the Governor, with the consent of the 
Senate, for six years. One member must be a repre- 
sentative citizen of the employing class and another a 
representative citizen chosen from that class of em- 
ployees which comes under the provisions of the state 
law known as the "employers' liability law" in cases of 
personal injuries to employees. The third member, who 
acts as chairman of the board, must be a representative 
citizen not identified with employers or employees af- 
fected by this law. Not more than two members 
of the board shall be affiliated with the same political 
party. 

The employers' liability law applies largely to build- 
ing operations, factory work, and other extra hazardous 
employment. The Industrial Board has jurisdiction over 
the operation and administration of this law and per- 
forms such duties as are imposed upon it in that con- 
nection. 

Each member of the board receives a salary of $4,000 
a year. 



202 ILLINOIS AND THE NATION 

State Board of Examiners of Architects. By virtue, 
of an act of 1897 the Governor, with the consent of the 
Senate, appoints a State Board of Examiners of Archi- 
tects, consisting of five members, one of whom must be 
a member of the faculty of the Illinois State University. 
The others must be residents of this state who have 
practiced architecture for at least ten years. 

The board examines and grants licenses to persons 
for the practice of architecture in Illinois. It appoints 
a secretary who receives not to exceed $1,500 a year. 
The members of the board receive $10 a day and expenses 
for time actually spent in attending the meetings of the 
board. They serve four years. 

State Board of Dental Examiners. The Governor 
appoints five practicing dentists to constitute this board. 
They serve five years, and have charge of the registra- 
tion and licensing of persons practicing dentistry in this 
state. The members of the board receive $10 a day for 
their necessary services. 

State Board of Nurse Examiners. This board con- 
sists of five registered nurses appointed by the Governor, 
with the consent of the Senate, for three years. The 
board grants certificates to persons whom they find upon 
due examination, or upon proper credentials from other 
states, to be qualified to act as registered nurses in this 
state. The members of the board are paid for the time 
actually spent in the performance of their official duties. 

Board of Examiners of Barbers. This board consists 
of three practical barbers of at least five years' experi- 
ence in their occupation. They are appointed by the 
Governor and serve two years. It is their duty to exam- 
ine all persons desiring to engage in the occupation of 
barber and to issue certificates of registration to such 
persons as are found to be qualified. 



FOR ADDITIONAL READING OR STUDY 203 

OFFICERS APPOINTED BY THE GOVERNOR 

State Architect. The Governor, with the consent of 
the Senate, appoints a State Architect of Public Build- 
ings. He receives $5,000 a year. 

State Food Commissioner. The office of State Food 
Commissioner was created in 1899. It is the duty of this 
officer to enforce all laws regarding the production, man- 
ufacture, or sale of dairy products, or regarding the 
adulteration of any article of food. He is appointed by 
the Governor, with the consent of the Senate, for two 
years, and receives a salary of $3,600 a year. 

Insurance Superintendent. In 1893, an Insurance De- 
partment of the State of Illinois was established by law. 
This department has general supervision over all insur- 
ance companies doing business in the state. The Gov- 
ernor, with the consent of the Senate, appoints an Insur- 
ance Superintendent. He serves four years, and receives 
$5,000 per annum. 

State Factory Inspector. The Governor appoints a 
factory inspector for a term of four years. It is his 
duty, together with his assistant and 30 deputy inspect- 
ors, who are also appointed by the Governor, to visit and 
inspect, as often as practicable, the workshops, factories, 
and manufacturing establishments where goods are made 
in this state. It is also the duty of the inspector to 
enforce the factory act, which, among other things, regu- 
lates the employment of children in such factories, and 
to prosecute all violations of the act in question. He 
receives $3,000 a year. 

Inspectors of Coal Mines. From a list certified by the 
State Mining Board, the Governor appoints twelve prop- 
erly qualified persons inspectors of coal mines. These 
inspectors devote their entire time to the inspection 



204 ILLINOIS AND THE NATION 

of coal mines, taking care that every necessary precaution 
is taken to insure the health and safety of miners. They 
receive salaries of $1,800 a year. 

Grain Inspectors. A Chief Grain Inspector is ap- 
pointed by the Governor, with the consent of the Senate, 
for two years. He has general supervision of the inspec- 
tion of grain in warehouses, and acts under the advice 
and immediate direction of the Public Utilities Commis- 
sion. He gives a bond for $50,000 and receives a salary 
fixed by the commission. It is now $6,000 a year. 

State Inspector of Apiaries. This officer is appointed 
by the Governor for two years. It is his duty to inspect 
any apiary whenever he shall have reason to believe that 
the bees therein are infected with any contagious disease, 
and to take proper steps to prevent the spread of such 
disease to other apiaries. 

State Fire Marshal. The Governor, with the consent 
of the Senate, appoints a State Fire Marshal to serve 
four years. It is his duty, with certain local officers, to 
investigate the cause, origin, and circumstances of every 
fire occurring within the state whereby property has been 
destroyed or damaged, and to prosecute persons guilty 
of arson. 

Printer Expert. The Governor appoints a practical 
printer, who has had at least six years' experience, to 
assist the commissioners in letting the state printing by 
estimating the amount of work to be done and the paper 
needed, etc. He receives $2,500 a year. 

State Veterinarian. The Governor appoints a State 
Veterinarian who acts under the direction of the Live 
Stock Commission. He may, with the consent of the 
commission, appoint as many assistants as may be 
necessary. 

The State Veterinarian receives $10 a day for the time 



FOR ADDITIONAL READING OR STUDY 205 

actually employed, together with all necessary traveling 
expenses. 

State Highway Engineer. The Governor appoints a 
State Highway Engineer and an assistant — each to serve 
six years. These engineers are the administrative and 
technical agents of the State Highway Commission. 
They receive salaries of $4,000 and $2,500 a year, 
respectively. 

State Entomologist. This officer is appointed by the 
Governor, with the consent of the Senate, for two years. 
He is a competent and scientific person, and devotes his 
time to investigating the entomology of Illinois, and 
particularly to studying the history of insects injurious 
to the gardener and the farmer. He collects and pre- 
serves a cabinet to be deposited with the University of 
Illinois. He also prepares for publication an annual 
report of his researches and discoveries in entomology. 

Officers for the Prevention of Cruelty to Animals. 
The Governor, with the consent of the Senate, appoints 
officers to enforce the law for the prevention of cruelty 
to animals. They are assigned to Chicago, Peoria, and 
East St. Louis, where they see that animals in stock 
yards or at distilleries, breweries, or other places, are 
properly fed and cared for, and that they receive the 
full amount of feed for which the owner or shipper is 
charged. 

These officers report quarterly to the Governor. 
Their term is two years, and they receive salaries not to 
exceed $1,200 a year. 

Commissioner of Deeds. The Governor of this state 
may appoint commissioners of deeds in other states, in 
the territories, and in foreign states. These commission- 
ers have power to take acknowledgment of deeds and 
other instruments, and to take depositions. Their official 



206 ILLINOIS AND THE NATION 

acts have the same effect as if they had been done by an 
officer residing within the state. 

Public Administrators. The Governor, with the con- 
sent of the Senate, must appoint in each county of the 
state a Public Administrator, whose duty it is to act as 
administrator of the estates of deceased persons having 
no relative or creditor within the state who will act as 
administrator. 

Notaries Public. The Governor, with the consent 
of the Senate, may appoint as many Notaries Public 
as he may deem necessary, but no person can be 
appointed except upon petition of at least fifty legal 
voters of the city, village, town, or precinct for which 
he is appointed. 

Notaries public are appointed for four years. They 
have authority to administer oaths, take depositions, take 
acknowledgment of such instruments as deeds and 
mortgages. 

A deposition is a written testimony of a witness 
sworn to before a proper officer. Depositions are re- 
ceived in courts as evidence. 



THE CONSTITUTION AND THE CONSTITUTIONAL 
CONVENTION 

If the knowledge of Civics which our students acquire 
is not to be superficial it is necessary that it be closely 
connected with the history of which it is a direct out- 
growth. Just as our American history had its beginnings 
long before America was discovered, so our political in- 
stitutions may be traced far back in the history of man's 
strivings for self government. 

The student of Civics should realize that in the 
Constitutional Convention and its great product, our 



FOR ADDITIONAL READING OR STUDY 207 

Constitution, we have nothing new, but rather the cul- 
mination of centuries of struggle and effort. He must 
understand that the work of the Constitutional Conven- 
tion was the final step in the realization of America's 
greatest mission — the establishment of representative 
government. To do this, he should briefly review step 
by step European history of the fifteenth and sixteenth 
centuries, the compact in the Mayflower, the history of 
Plymouth Colony, the establishment of the Virginia 
House of Burgesses — the first representative assembly 
in America, the growth and development of the colonial 
legislatures, the contests with arbitrary royal rule as in 
the Charter Oak, the attempts at colonial union as in the 
New England Confederation, the proposal and rejection 
of the plan of union formulated by Franklin for the Coun- 
cil at Albany, the colonial congress, the several Conti- 
nental Congresses, the weak union in the Articles of 
Confederation, and finally the Constitutional Convention 
of 1787 at Philadelphia and our supreme law — the Con- 
stitution of the United States. 

In reviewing these subjects be sure that you under- 
stand their influence on each other and on the Consti- 
tution. In any good United States history, study the 
work of Washington, Jefferson, Madison, Hamilton and 
Franklin in the Constitutional Convention. Study the 
various plans offered the convention, the conflicts, and 
the compromises that were finally agreed to. Read of 
the great work required to secure the ratification of the 
Constitution in the various states. You will then under- 
stand that that document was not written and adopted in 
a day, but was debated and fought over word by word. 
You will appreciate the truly great work of our fore- 
fathers in giving us such an excellent foundation for 
our national government. 



208 



ILLINOIS AND THE NATION 



ELECTORAL DISTRICTS 

Table of Counties. The following table will be found 
useful in studying the district organization of the state. 
After each county name will be found the number of 
each district to which that county belongs. 



COUNTY 



Adams 

Alexander. 

Bond 

Boone 

Brown 

Bureau 

Calhoun. . . 

Carroll 

Cass 

Champaign 
Christian. . 

Clark 

Clay 

Clinton 

Coles 

Cook. .. . .. 



Crawford. . . 
Cumberland, 

DeKalb 

DeWitt 

Douglas. . . . 
DuPage .... 

Edgar 

Edwards 

Effingham . . 

Fayette 

Ford ........ 

Franklin 



COUNTY 

SEAT 



Quincy . . 

Cairo 

Greenville 
Belvidere 
Mt. Sterling 
Princeton . 
Hardin . . . 
Mt. Carroll 
Virginia . . 
Urbana . . . 
Taylorville 
Marshall .. 
Louisville . 
Carlyle . . . 
Charleston 
Chicago . . . 



Robinson 
Toledo . 
Sycamore 
Clinton . . 
Tuscola . 
Wheaton 

Paris 

Albion . . . 
Effingham 
Vandalia 
Paxton . '. 
Benton . . 



O 02 A 



15 
25 
22 
12 

20 

16 

20 

13 

20 

19 

21 

18 

24 

23 

19 
1,2,3,4 
5,6,7,8 
9,10 



23 
18 
12 
19 
19 
11 
18 
24 
23 
23 
17 
25 



§§§ 






36 

50 

47 
8 

30 

37 

36 

12 

30 

24 

40 

34 

42 

42 

34 
1,2,3,4 
5,6,7,9 
11,13, 
15,17, 
19,21, 
23,25, 
27,29, 
31 

48 

40 

35 

28 

34 

41 

22 

48 

42 

40 

26 

50 



e3 



1 

3 
17 

8 
13 

8 
15 

8 

6 

4 

5 

4 

4 

5 
Not 
num- 
bered 



2 

5 

16 

6 



JUDICIAL DISTRICTS 



APPELLATE SUPREME 



FOR ADDITIONAL READING OR STUDY 



209 



COUNTY 



COUNTY 
SEAT 



JLB 



c z ~ 



x. H - 



< H 

o 3 



JUDICIAL DISTRICTS 



APPELLATE 



SUPREME 



Fulton 

Gallatin .... 

Greene 

Grundy 

Hamilton . . . 

Hancock 

Hardin 

Henderson. . 

Henry 

Iroquois. . . . 

Jackson 

Jasper 

Jefferson. . . 

Jersey.. 

Jo Daviess . 

Johnson 

Kane 

Kankakee . . . 

Kendall 

Knox 

Lake , 

LaSalle 

Lawrence . . . 

Lee 

Livingston . . 

Logan 

Macon 

Macoupin . . . 

Madison 

Marion 

Marshall 

Mason 

Massac 

McDonough . 
McHenry... 

McLean 

Menard 

Mercer 

Monroe 

Montgomery 

Morgan 

Moultrie 

Ogle 

Peoria 

Perry 



Lewistown . . . 
Shawneetown. 
Carrollton . . . 

Morris 

McLeansboro 

Carthage 

Elizabethtown, 

Oquawka 

Cambridge . . . 

Watseka 

Murphysboro . 

Newton 

Mt. Vernon. . . 
Jerseyville . . . 

Galena 

Vienna 

Geneva 

Kankakee .... 

Yorkville 

Galesburg 

Waukegan . . . 

Ottawa 

Lawrenceville . 

Dixon 

Pontiac 

Lincoln 

Decatur , 

Carlinville 

Edwardsville .. 

Salem , 

Lacon 

Havana 

Metropolis 

Macomh 

Woodstock . . . 
Bloomington . 
Petersburg . . . 

Aledo 

Waterloo 

Hillsboro 

Jacksonville . . . 

Sullivan 

Oregon 

Peoria 

Pinckneyville ., 



15 

24 

20 

12 

24 

14 

24 

14 

15 

18 

25 

23 

23 

20 

13 

24 

11 

18 

12 

15 

10 

12 

23 

13 

17 

17 

19 

21 

22 

23 

16 

20 

24 

14 

11 

17 

20 

14 

22 

21 

20 

19 

13 

16 

25 



43 
48 
38 
20 
51 
32 
48 
33 
37 
20 
44 
46 
46 
38 
12 
51 
14 
20 
14 
43 
8 
39 
48 
35 
16 
28 
28 
38 
47 
42 
16 
30 
51 
32 
8 
26 
30 
33 
44 
38 
45 
24 
10 
18 
44 



9 
2 
7 

13 

2 

9 

2 

9 

14 

12 

1 

4 

2 

7 

15 

1 

16 

12 

16 

9 

17 

13 

2 

15 

11 

11 

6 

7 

3 

4 

10 

8 

1 

9 

17 

11 

8 

14 

3 

4 

7 

6 

15 

10 

3 



210 



ILLINOIS AND THE NATION 



COUNTY 


COUNTY 

SEAT 


1*1 

o2§ 

O 02 ft 


.3* 

-i "s (A 

£al 




JUDICIAL DISTRICTS 




APPELLATE 


SUPREME 


Piatt 


Monticello .... 

Pittsfield 

Golconda 

Mound City... 

Hennepin 

Chester 

Olney 

Rock Island. . . 
Harrisburg . . . 
Springfield . . . 

Rushville 

Winchester . . . 
Shelbyville . . . 

Toulon 

Belleville 

Freeport 

Pekin 

Jonesboro 

Danville 

Mt. Carmel 

Monmouth 

Nashville 

Fairfield 

Carmi 

Morrison 

Joliet 

Marion 

Rockf ord 

Eureka 


19 
20 
24 
25 
16 
25 
23 
14 
24 
21 
15 
20 
19 
16 
22 
13 
16 
25 
18 
23 
14 
22 
24 
24 
13 
11 
25 
12 
17 


24 
36 
51 

50 
16 
44 
46 
33 
51 
45 
30 
36 
40 
37 
49 
12 
30 
50 
22 
48 
32 
44 
46 
48 
35 
41 
50 
10 
16 


6 
8 
1 
1 

10 
3 
2 

14 
1 
7 
8 
7 
4 
10 
3 

15 

10 

1 

5 

2 

9 

3 

2 

2 

14 

12 

1 

17 

11 


3 
3 
4 
4 
2 
4 
4 
2 
4 
3 
3 
3 
3 
2 
4 
2 
3 
4 
3 
4 
2 
4 
4 
4 
2 
2 
4 
2 
2 


3 


Pike 


2 


Pope 


1 


Pulaski 

Putnam 

Randolph 

Richland 

Rock Island . . . 
Saline 


1 
5 
1 
2 
4 
1 


Sangamon 

Schuyler 

Scott 


3 
4 
2 


Shelby 


2 


Stark 

St. Clair 

Stephenson 

Tazewell 

Union 


5 
1 
6 
3 
1 


Vermilion ...... 

Wabash 

Warren 

Washington 

Wayne 

White 


3 

1 
4 
1 
1 
1 


Whiteside 

Will 


6 

7 


Williamson 

Winnebago .... 
Woodford 


1 
6 
5 



The congressional and senatorial apportionments were 
made in 1901. The judicial districts were fixed by the 
General Assembly in 1897. The apportionment of 1901 
divides Illinois into twenty-five congressional districts. 
Two congressmen are elected at large. The state has 
twenty-nine electoral votes. 




MAP OP 

ILLINOIS 

SHOWING 
COUNTY BOUNDARIES 
AND 
POPULATION, 1910 



211 




THE 

CONGRESSIONAL 
DISTRICTS 

COOK COUNTY DISTRICTS. 

1st, 2nd, 3rd, 4th, 5th, 6th, 

7th, 8th, 9th, and 10th. 



212 




THE 
JUDICIAL CIRCUITS ' % - 



214 



APPENDIX 



APPENDIX 



CONSTITUTION OF THE STATE OF ILLINOIS 



Adopted in Convention at Springfield, May 13, A. D. 1870. 



Ratified July 2, 1870; in force August 8, 1870; amended 1878, 1880, 
1884, 1886, 1890, 1904 and 1908. 



PREAMBLE 



We, the people of the State of Illinois — grateful to Almighty 
God for the civil, political, and religious liberty which He hath so 
long permitted us to enjoy, and looking to Him for a blessing upon 
our endeavors to secure and transmit the same unimpaired to suc- 
ceeding generations — in order to form a more perfect government, 
establish justice, insure domestic tranquillity, provide for the com- 
mon defense, promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain and establish 
this Constitution for the State of Illinois. 

ARTICLE I 

BOUNDARIES 

The boundaries and jurisdiction of the state shall be as fol- 
lows, to-wit : Beginning at the mouth of the Wabash River ; thence 
up the same, and with the line of Indiana, to the northwest corner 
of said state ; thence east, with the line of the same state, to the 
middle of Lake Michigan ; thence north along the middle of said 
lake, to north latitude forty-two degrees and thirty minutes; 
thence west to the middle of the Mississippi River, and thence 
down along the middle of that river to its confluence with the 
Ohio River, and thence up the latter river along its northwestern 

217 



218 ILLINOIS AND THE NATION 

shore, to the place of beginning: Provided, that this state shall 

exercise such jurisdiction upon the Ohio River, as she is now 

entitled to, or such as may hereafter be agreed upon by this state 
and the State of Kentucky. 

ARTICLE II 

BILL OF RIGHTS 

SECTION i. All men are by nature free and independent, and 
have certain inherent and inalienable rights — among these are life, 
liberty, and the pursuit of happiness. To secure these rights and 
the protection of property, governments are instituted among men, 
deriving their just powers from the consent of the governed. 

SEC. 2. No person shall be deprived of life, liberty, or property, 
without due process of law. 

SEC. 3. The free exercise and enjoyment of religious profes- 
sion and worship, without discrimination, shall forever be guar- 
anteed; and no person shall be denied any civil or political right, 
privilege, or capacity on account of his religious opinions; but the 
liberty of conscience hereby secured shall not be construed to dis- 
pense with oaths or affirmations, excuse acts of licentiousness, or 
justify practices inconsistent with the peace or safety of the state. 
No person shall be required to attend or support any ministry or 
place of worship against his consent, nor shall any preference be 
given by law to any religious denomination or mode of worship. 

SEC. 4. Every person may freely speak, write and publish on 
all subjects, being responsible for the abuse of that liberty; and in 
all trials for libel, both civil and criminal, the truth, when pub- 
lished with good motives and for justifiable ends, shall be a suffi- 
cient defense. 

SEC. 5. The right of trial by jury as heretofore enjoyed, shall 
remain inviolate; but the trial of civil cases before justices of the 
peace, by a jury of less than twelve men, may be authorized by law. 

SEC. 6. The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and seiz- 
ures, shall not be violated; and no warrant shall issue without 
probable cause, supported by affidavit, particularly describing, the 
place to be searched, and the persons and things to be seized. 

SEC. 7. All persons shall be bailable by sufficient sureties, ex- 
cept for capital offenses, where the proof is evident or the pre- 
sumption great; and the privilege of the writ of habeas corpus shall 



APPENDIX 219 

not be suspended, unless when in cases of rebellion or invasion the 
public safety may require it. 

SEC. 8. No person shall be held to answer for a criminal 
offense unless on indictment of a grand jury, except in cases in 
which the punishment is by fine, or imprisonment otherwise than in 
the penitentiary, in cases of impeachment, and in cases arising in the 
army and navy, or in the militia when in actual service in time of 
war or public danger: Provided, that the grand jury may be 
abolished by law in all cases. 

SEC. 9. In all criminal prosecutions, the accused shall have 
the right to appear and defend in person and by counsel ; to demand 
the nature and cause of the accusation, and to have a copy thereof ; 
to meet the witnesses face to face, and to have process to compel 
the attendance of witnesses in his behalf, and a speedy public trial 
by an impartial jury of the county or district in which the offense 
is alleged to have been committed. 

SEC. 10. No person shall be compelled in any criminal case to 
give evidence against himself, or be twice put in jeopardy for the 
same offense. 

SEC. 11. All penalties shall be proportioned to the nature of 
the offense ; and no conviction shall work corruption of blood or 
forfeiture of estate; nor shall any person be transported out of the 
state for any offense committed within the same. 

SEC. 12. No person shall be imprisoned for debt, unless upon 
refusal to deliver up his estate for the benefit of his creditors, in 
such manner as shall be prescribed by law; or in cases where there 
is strong presumption of fraud. 

SEC. 13. Private property shall not be taken or damaged for 
public use without just compensation. Such compensation, when 
not made by the state, shall be ascertained by a jury, as shall be 
prescribed by law. The fee of land taken for railroad tracks, with- 
out consent of the owners thereof, shall remain in such owners, 
subject to the use for which it is taken. 

SEC. 14. No ex post facto law, or law impairing the obliga- 
tion of contracts, or making any irrevocable grant of special priv- 
ileges or immunities, shall be passed. 

SEC. 15. The military shall be in strict subordination to the 
civil power. 

SEC. 16. No soldier shall, in time of peace, be quartered in 
any house without the consent of the owner; nor in time of war 
except in the manner prescribed by law. 



220 ILLINOIS AND THE NATION 

SEC. 17. The people have the right to assemble in a peaceable 
manner to consult for the common good, to make known their 
opinions to their representatives, and to apply for redress of 
grievances. 

SEC. 18. All elections shall be free and equal. 

SEC. 19. Every person ought to find a certain remedy in the 
laws for all injuries and wrongs which he may receive in his per- 
son, property or reputation; he ought to obtain, by law, right and 
justice freely and without being obliged to purchase it, completely 
and without denial, promptly and without delay. 

SEC. 20. A frequent recurrence to the fundamental principles 
of civil government is absolutely necessary to preserve the blessings 
of liberty. 

ARTICLE III 

DISTRIBUTION OF POWERS 

The powers of the government of this state are divided into 
three distinct departments — the legislative, executive, and judicial; 
and no person, or collection of persons, being one of these depart- 
ments, shall exercise any power properly belonging to either of 
the others, except as hereinafter expressly directed or permitted. 

ARTICLE IV 

LEGISLATIVE DEPARTMENT 

SECTION I. The legislative power shall be vested in a Gen- 
eral Assembly, which shall consist of a Senate and House of Repre- 
sentatives, both to be elected by the people. 

ELECTION 

SEC. 2. An election for members of the General Assembly 
shall be held on the Tuesday next after the first Monday in Novem- 
ber, in the year of our Lord one thousand eight hundred and sev- 
enty, and every two years thereafter, in each county, at such places 
therein as may be provided by law. When vacancies occur in either 
house, the Governor, or person exercising the powers of Governor, 
shall issue writs of election to fill such vacancy. 

ELIGIBILITY AND OATH 

SEC. 3. No person shall be a Senator who shall not have 
attained the age of twenty-five years, or a Representative who 
shall not have attained the age of twenty-one years. No person 



APPENDIX 221 

shall be a Senator or Representative who shall not be a citizen of 
the United States, and who shall not have been for five years a 
resident of this state, and for two years next preceding his election 
a resident within the territory forming the district from which he 
is elected. No judge or clerk of any court, Secretary of State, 
Attorney General, State's Attorney, Recorder, Sheriff, or collector 
of public revenue, member of either house of Congress, or person 
holding any lucrative office under the United States or this state, or 
any foreign government, shall have a seat in the General Assembly: 
Provided, that appointments in the militia, and the offices of notary 
public and justice of the peace, shall not be considered lucrative. 
Nor shall any person holding any office of honor or profit under 
any foreign government, or under the government of the United 
States (except postmasters whose annual compensation does not 
exceed the sum of three hundred dollars), hold any office of honor 
or profit under the authority of this state. 

SEC. 4. No person who has been, or hereafter shall be con- 
victed of bribery, perjury or other infamous crime, nor any person 
who has been or may be a collector or holder of public moneys, who 
shall not have accounted for and paid over, according to law, all 
such moneys due from him, shall be eligible to the General Assem- 
bly, or to any office of profit or trust in this state. 

SEC. 5. Members of the General Assembly, before they enter 
upon their official duties, shall take and subscribe the following 
oath or affirmation: 

"I do solemnly swear (or affirm) that I will support the Constitution 
of the United States and the Constitution of the State of Illinois, and will 
faithfully discharge the duties of Senator (or Representative) according to 
the best of my ability; and that I have not knowingly or intentionally paid 
or contributed anything, or made any promise in the nature of a bribe, to 
directly or indirectly influence any vote at the election at which I was 
chosen to fill the said office, and have not accepted, nor will I accept or 
receive, directly or indirectly, any money or other valuable thing, from 
any corporation, company or person, for any vote or influence I may give 
or withhold on any bill, resolution, or appropriation, or for any other 
official act." 

This oath shall be administered by a judge of the supreme or 
circuit court in the hall of the house to which the member is elected, 
and the Secretary of State shall record and file the oath subscribed 
by each member. Any member who shall refuse to take the oath 
herein prescribed shall forfeit his office, and every member who 
shall be convicted of having sworn falsely to, or of violating his 



222 ILLINOIS AND THE NATION 

said oath, shall forfeit his office and be disqualified thereafter from 
holding any office of profit or trust in this state. 

APPORTIONMENT — SENATORIAL 

SEC. 6. The General Assembly shall apportion the state every 
ten years, beginning with the year one thousand eight hundred and 
seventy-one, by dividing the population of the state, as ascertained 
by the federal census, by the number fifty-one, and the quotient 
shall be the ratio of representation in the senate. The state shall 
be divided into fifty-one senatorial districts, each of which shall 
elect one Senator, whose term of office shall be four years. The 
Senators elected in the year of our Lord one thousand eight hun- 
dred and seventy-two, in districts bearing odd numbers, shall vacate 
their offices at the end of two years, and those elected in districts 
bearing even numbers, at the end of four years ; and vacancies 
occurring by the expiration of term shall be filled by the election 
of Senators for the full term. Senatorial districts shall be formed 
of contiguous and compact territory, bounded by county lines, and 
contain as nearly as practicable an equal number of inhabitants ; 
but no district shall contain less than four-fifths of the senatorial 
ratio. Counties containing not less than the ratio and three-fourths, 
may be divided into separate districts, and shall be entitled to two 
Senators, and to one additional Senator for each number of inhab- 
itants equal to the ratio contained by such counties in excess of 
twice the number of said ratio. 

Note. By the adoption of minority representation, Sections 7 and 8 of 
this article cease to be a part of the Constitution. Under Section 12 of the 
schedule, and the vote of adoption, the following section relating to 
minority representation is substituted for said sections: 

MINORITY REPRESENTATION 

SECS. 7 and 8. The House of Representatives shall consist 
of three times the number of the members of the Senate, and the 
term of office shall be two years. Three Representatives shall be 
elected in each senatorial district at the general election in the year 
of our Lord one thousand eight hundred and seventy-two, and 
every two years thereafter. In all elections of Representatives 
aforesaid, each qualified voter may cast as many votes for one can- 
didate as there are Representatives to be elected, or may distribute 
the same, or equal parts thereof, among the candidates, as he shall 
see fit; and the candidates highest in votes shall be declared elected. 



APPENDIX 223 

TIME OF MEETING AND GENERAL RULES 

SEC. 9. The sessions of the General Assembly shall commence 
at twelve o'clock noon, on the Wednesday next after the first Mon- 
day in January, in the year next ensuing the election of members 
thereof, and at no other time, unless as provided by this Constitu- 
tion. A majority of the members elected to each house shall con- 
stitute a quorum. Each house shall determine the rules of its pro- 
ceedings, and be the judge of the election, returns, and qualifica- 
tions of its members; shall choose its own officers; and the Senate 
shall choose a temporary president to preside when the Lieutenant 
Governor shall not attend as president, or shall act as Governor. 
The Secretary of State shall call the House of Representatives to 
order at the opening of each new assembly, and preside over it until 
a temporary presiding officer thereof shall have been chosen and 
shall have taken his seat. No member shall be expelled by either 
house, except by a vote of two-thirds of all the members elected to 
that house, and no member shall be twice expelled for the same 
offense. Each house may punish by imprisonment any person, not a 
member, who shall be guilty of disrespect to the house by disorderly 
or contemptuous behavior in its presence. But no such imprison- 
ment shall extend beyond twenty-four hours at one time, unless 
the person shall persist in such disorderly or contemptuous behavior. 

SEC. 10. The door of each house and of committees of the 
whole shall be kept open, except in such cases as, in the opinion 
of the house, require secrecy. Neither house shall, without the con- 
sent of the other, adjourn for more than two days, or to any other 
place than that in which the two houses shall be sitting. Each 
house shall keep a journal of its proceedings, which shall be pub- 
lished. In the Senate, at the request of two members, and in the 
House at the request of five members, the yeas and nays shall be 
taken on any question, and entered upon the journal. Any two 
members of either house shall have liberty to dissent from and 
protest, in respectful language, against any act or resolution which 
they think injurious to the public or to any individual, and have 
the reasons of their dissent entered upon the journals. 

STYLE OF LAWS, AND PASSAGE OF BILLS 

SEC. II. The style of the laws of this state shall be: "Be it 
enacted by the People of the State of Illinois, represented in the 
General Assembly." 



224 ILLINOIS AND THE NATION 

SEC. 12. Bills may originate in either house, but may be altered, 
amended, or rejected by the other; and on the final passage of all 
bills, the vote shall be by yeas and nays, upon each bill separately, 
and shall be entered upon the journal; and no bill shall become a 
law without the concurrence of a majority of the members elected 
to each house. 

SEC. 13. Every bill shall be read at large on three different 
days, in each house; and the bill and all amendments thereto shall 
be printed before the vote is taken on its final passage; and every 
bill, having passed both houses, shall be signed by the speakers 
thereof. No act hereafter passed shall embrace more than one 
subject, and that shall be expressed in the title. But if any sub- 
ject shall be embraced in an act which shall not be expressed in 
the title, such act shall be void only as to so much thereof as shall 
not be so expressed; and no law shall be revived or amended by 
reference to its title only, but the law revived, or the section 
amended, shall be inserted at length in the new act. And no act 
of the General Assembly shall take effect until the first day of July 
next after its passage, unless, in case of emergency (which emer- 
gency shall be expressed in the preamble or body of the act) the 
General Assembly shall, by a vote of two-thirds of all the mem- 
bers elected to each house, otherwise direct. 



PRIVILEGES AND DISABILITIES 

SEC. 14. Senators and Representatives shall, in all cases, except 
treason, felony or breach of the peace, be privileged from arrest 
during the session of the General Assembly, and in going to and 
returning from the same ; and for any speech or debate in either 
house, they shall not be questioned in any other place. 

SEC. 15. No person elected to the General Assembly shall receive 
any civil appointment within this state from the Governor, the 
Governor and Senate, or ' from the General Assembly, during the 
term for which he shall have been elected; and all such appoint- 
ments, and all votes given for any such members for any such office 
or appointment, shall be void; nor shall any member of the General 
Assembly be interested, either directly or indirectly, in any contract 
with the state, or any county thereof, authorized by any law passed 
during the term for which he shall have been elected, or within one 
year after the expiration thereof. 



APPENDIX 225 

PUBLIC MONEYS AND APPROPRIATIONS 

SEC. 16. The General Assembly shall make no appropriation of 
money out of the treasury in any private law. Bills making appro- 
priations for the pay of members and officers of the General Assem- 
bly, and for the salaries of the officers of the government, shall 
contain no provision on any other subject. 

SEC. 17. No money shall be drawn from the treasury except in 
pursuance of an appropriation made by law, and on the presentation 
of a warrant issued by the auditor thereon; and no money shall be 
diverted from any appropriation made for any purpose, or taken 
from any fund whatever, either by joint or separate resolution. The 
auditor shall, within sixty days after the adjournment of each session 
of the General Assembly, prepare and publish a full statement of all 
money expended at such session, specifying the amount of each item, 
and to whom and for what paid. 

SEC. 18. Each General Assembly shall provide for all the appro- 
priations necessary for the ordinary and contingent expenses of the 
government until the expiration of the first fiscal quarter after the 
adjournment of the next regular session, the aggregate amount of 
which shall not be increased without a vote of two-thirds of the 
members elected to each house, nor exceed the amount of revenue 
authorized by law to be raised in such time ; and all appropriations, 
general or special, requiring money to be paid out of the state 
treasury, from funds belonging to the state, shall end with such 
fiscal quarter. Provided, the state may, to meet casual deficits or 
failures in revenues, contract debts, never to exceed in the aggregate 
two hundred and fifty thousand dollars ; and moneys thus borrowed 
shall be applied to the purpose for which they were obtained, or to 
pay the debt thus created, and to no other purpose; and no other 
debt, except for the purpose of repelling invasion, suppressing insur- 
rection, or defending the state in war (for payment of which the 
faith of the state shall be pledged), shall be contracted, unless the 
law authorizing the same shall, at a general election, have been sub- 
mitted to the people and have received a majority of the votes cast 
for members of the General Assembly at such election. The General 
Assembly shall provide for the publication of said law for three 
months, at least, before the vote of the people shall be taken upon 
the same ; and provision shall be made, at the time, for the payment 
of the interest annually, as it shall acrue, by a tax levied for the 
purpose, or from other sources of revenue ; which law, providing 
for the payment of such interest by such tax, shall be irrepealable 



226 ILLINOIS AND THE NATION 

until such debt be paid. And, provided further, that the law levying 
the tax shall be submitted to the people with the law authorizing the 
debt to be contracted. 

SEC. 19. The General Assembly shall never grant or authorize 
extra compensation, fee, or allowance to any public officer, agent, 
servant, or contractor, after service has been rendered or a contract 
made, nor authorize the payment of any claim, or part thereof, here- 
after created against the state under any agreement or contract made 
without express authority of law; and all such unauthorized agree- 
ments or contracts made shall be null and void. Provided, the 
General Assembly may make appropriations for expenditures in- 
curred in suppressing insurrection or repelling invasion. 

SEC. 20. The state shall never pay, assume, or become respon- 
sible for the debts or liabilities of, or in any manner give, loan, or 
extend its credit to, or in aid of, any public or other corporation, 
association, or individual. 

PAY OF MEMBERS 

SEC. 21. The members of the General Assembly shall receive 
for their services the sum of five dollars per day, during the first 
session held under this Constitution, and ten cents for each mile 
necessarily traveled in going to, and returning from, the seat of 
government, to be computed by the auditor of public accounts; and 
thereafter such compensation as shall be prescribed by law, and no 
other allowance or emolument, directly or indirectly, for any pur- 
pose whatever, exeept the sum of fifty dollars per session to each 
member, which shall be in full for postage, stationery, newspaper, 
and all other incidental expenses and perquisites ; but no change 
shall be made in the compensation of the General Assembly during 
the term for which they may have been elected. The pay and mile- 
age allowed to each member of the General Assembly shall be 
certified by the speakers of their respective houses, and entered on 
the journals, and published at the close of each session. 

SPECIAL LEGISLATION PROHIBITED 

SEC. 22. The General Assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say, for — 
Granting divorces; 

Changing the names of persons or places ; 
Laying out, opening, altering, and working roads or highways; 
Vacating roads, town plats, streets, alleys, and public grounds; 



APPENDIX 227 

Locating or changing county seats; 

Regulating county and township affairs ; 

Regulating the practice in courts of justice; 

Regulating the jurisdiction and duties of justices of the peace, 
police magistrates and constables; 

Providing for changes of venue in civil and criminal cases ; 

Incorporating cities, towns, or villages ; or changing or amending 
the charter of any town, city, or village; 

Providing for the election of members of the board of super- 
visors in townships, incorporated towns or cities; 

Summoning and impaneling grand or petit juries; 

Providing for the management of common schools; 

Regulating the rate of interest on money; 

The opening and conducting of an election, or designating the 
place of voting; 

The sale or mortgage of real estate belonging to minors or others 
under disability; 

The protection of game or fish ; 

Chartering or licensing ferries or toll bridges; 

Remitting fines, penalties or forfeitures ; 

Creating, increasing or decreasing fees, percentages or allowances 
of public officers, during the term for which said officers are elected 
or appointed; 

Changing the law of descent; 

Granting to any corporation, association or individual the right 
to lay down railroad tracks, or amending existing charters for such 
purpose ; 

Granting to any corporation, association or individual any special 
or exclusive privilege, immunity or franchise whatever. 

In all other cases where a general law can be made applicable, 
no special law shall be enacted. 

SEC. 23. The General Assembly shall have no power to release 
or extinguish, in whole or in part, the indebtedness, liability, or 
obligation of any corporation or individual to this state or to any 
municipal corporation therein. 

IMPEACHMENT 

SEC. 24. The House of Representatives shall have the sole 
power of impeachment; but a majority of all the members elected 
must concur therein. All impeachments shall be tried by the Senate; 
and when sitting for that purpose, the Senators shall be upon oath or 



228 ILLINOIS AND THE NATION 

affirmation, to do justice according to law and evidence. When the 
Governor of the state is tried, the Chief-Justice shall preside. No 
person shall be convicted without the concurrence of two-thirds of 
the Senators elected. But judgment, in such cases, shall not extend 
further than removal from office, and disqualification to hold any 
office of honor, profit or trust under the government of this state. 
The party, whether convicted or acquitted, shall, nevertheless, be 
liable to prosecution, trial, judgment, and punishment according to 
law. 

MISCELLANEOUS 

SEC. 25. The General Assembly shall provide, by law, that the 
fuel, stationery, and printing paper furnished for the use of the 
state, the copying, printing, binding and distributing the laws and 
journals, and all other printing ordered by the General Assembly, 
shall be let by contract to the lowest responsible bidder; but the 
General Assembly shall fix a minimum price ; and no member thereof, 
or other officer of the state, shall be interested, directly or indirectly, 
in such contract. But all such contracts shall be subject to the 
approval of the Governor, and if he disapproves the same, there shall 
be a reletting of the contract, in such manner as shall be prescribed 
by law. 

SEC. 26. The State of Illinois shall never be made defendant 
in any court of law or equity. 

SEC. 2.7. The General Assembly shall have no power to author- 
ize lotteries or gift enterprises, for any purpose, and shall pass laws 
to prohibit the sale of lottery or gift enterprise tickets in this state. 

SEC. 28. No law shall be passed which shall operate to extend 
the term of any public officer after his election or appointment. 

SEC. 29. It shall be the duty of the General Assembly to pass 
such laws as may be necessary for the protection of operative 
miners, by providing for ventilation, when the same may be re- 
quired, and the construction of escapement shafts or such other 
appliances as may secure safety in all coal mines, to provide for 
the enforcement of said laws by such penalties and punishments as 
may be deemed proper. 

SEC. 30. The General Assembly may provide for establishing 
and opening roads and cartways, connected with a public road, for 
private and public use. 

SEC. 31. The General Assembly may pass laws permitting the 
owners of land to construct drains, ditches and levees for agricul- 



APPENDIX 229 

tural, sanitary or mining purposes, across the lands of others, and 
provide for the organization of drainage districts, and vest the cor- 
porate authorities thereof with power to construct and maintain 
levees, drains and ditches, and to keep in repair all drains, ditches, 
and levees heretofore constructed under the laws of this state, by 
special assessments upon the property benefited thereby. 

SEC. 32. The General Assembly shall pass liberal homestead and 
exemption laws. 

SEC. 33. The General Assembly shall not appropriate out of the 
state treasury, or expend on account of the new capitol grounds, and 
construction, completion, and furnishing of the statehouse, a sum 
exceeding, in the aggregate, three and a half millions of dollars, 
inclusive of all appropriations heretofore made, without first sub- 
mitting the proposition for an additional expenditure to the legal 
voters of the state, at a general election; nor unless a majority of 
all votes cast at such election shall be for the proposed additional 
expenditure. 

SEC. 34. The General Assembly shall have power, subject to 
the conditions and limitations hereinafter contained, to pass any 
law (local, special, or general) providing a scheme or charter of 
local municipal government for the territory now or hereafter 
embraced within the limits of the City of Chicago. The law or 
laws so passed may provide for consolidating (in whole or in 
part) in the municipal government of the City of Chicago, the 
powers now vested in the city, board of education, township, park 
and other local governments and authorities having jurisdiction 
confined to or within said territory, or any part thereof, and for 
the assumption by the City of Chicago of the debts and liabilities 
(in whole or in part) of the governments or corporate authorities 
whose functions within its territory shall be vested in said City of 
Chicago, and may authorize said city, in the event of its becoming 
liable for the indebtedness of two or more of the existing municipal 
corporations lying wholly within said City of Chicago, to become 
indebted to an amount (including its existing indebtedness and 
the indebtedness of all municipal corporations lying wholly within 
the limits of said city, and said city's proportionate share of 
the indebtedness of said county and sanitary district, which 
share shall be determined in such manner as the Gen- 
eral Assembly shall prescribe) in the aggregate not exceeding 5 
per centum of the full value of the taxable property within its 
limits as ascertained by the last assessment either for state or 



230 ILLINOIS AND THE NATION 

municipal purposes previous to the incurring of such indebtedness 
(but no new bonded indebtedness, other than for refunding pur- 
poses, shall be incurred until the proposition therefor shall be 
consented to by a majority of the legal voters of said city voting 
on the question at any election, general, municipal or special; and 
may provide for the assessment of property and the levy and collec- 
tion of taxes within said city for corporate purposes in accordance 
with the principles of equality and uniformity prescribed by this 
Constitution; and may abolish all offices, the functions of which 
shall be otherwise provided for ; and may provide for the annexa- 
tion of territory to or disconnection of territory from said City of 
Chicago by the consent of a majority of the legal voters (voting on 
the question at any election, general, municipal or special) of the 
said city and of a majority of the voters of such territory, voting on 
the question at any election, general, municipal, or special ; and, in 
case the General Assembly shall create municipal courts in the City of 
Chicago, it may abolish the offices of justices of the peace, police 
magistrates and constables in and for the territory within said 
city, and may limit the jurisdiction of justices of the peace in the 
territory of said County of Cook outside of said city to that terri- 
tory, and in such case the jurisdiction and practice of said munici- 
pal courts shall be such as the General Assembly shall prescribe ; 
and the General Assembly may pass all laws which it may deem 
requisite to effectually provide a complete system of local municipal 
government in and for the City of Chicago. 

No law based upon this amendment to the Constitution, affect- 
ing the municipal government of the City of Chicago, shall take 
effect until such law shall be consented to by a majority of the 
legal voters of said city voting on the question at any election (gen- 
eral, municipal, or special) ; and no local or special law based upon 
this amendment affecting specially any part of the City of Chicago 
shall take effect until consented to by a majority of the legal voters 
of such part of said city. Nothing in this section contained shall 
be construed to repeal, amend or affect section four (4) of article XI 
of the Constitution of this state. 

ARTICLE V 

EXECUTIVE DEPARTMENT 

SECTION i. The executive department shall consist of a 
Governor, Lieutenant-Governor, Secretary of State, Auditor of 



APPENDIX 231 

Public Accounts, Treasurer, Superintendent of Public Instruction, 
and Attorney-General, who shall each, with the exception of Treas- 
urer, hold his office for the term of four years from the second 
Monday of January next after his election, and until his successor 
is elected and qualified. They shall, except the Lieutenant-Governor, 
reside at the seat of government during the term of office, and keep 
the public records, books, and papers there, and shall perform such 
duties as may be prescribed by law. 

SEC. 2. The Treasurer shall hold his office for the term of two 
years, and until his successor is elected and qualified; and shall be 
ineligible to said office for two years next after the end of the term 
for which he was elected. He may be required by the Governor to 
give reasonable additional security, and in default of so doing his 
office shall be deemed vacant. 

ELECTION 

SEC. 3. An election for Governor, Lieutenant-Governor, Secre- 
tary of State, Auditor of Public Accounts, and Attorney-General, 
shall be held on the Tuesday next after the first Monday of Novem- 
ber, in the year of our Lord one thousand eight hundred and seventy- 
two, and every four years thereafter ; for Superintendent of Public 
Instruction, on the Tuesday next after the first Monday of Novem- 
ber, in the year one thousand eight hundred and seventy, and every 
four years thereafter, and for Treasurer on the day last above men- 
tioned, and every two years thereafter, at such places and in such 
manner as may be prescribed by law. 

SEC. 4. The returns of every election for the above named 
officers shall be sealed up and transmitted, by the returning officers, 
to the Secretary of State, directed to "The Speaker of the House of 
Representatives," who shall, immediately after the organization of 
the house, and before proceeding to other business, open and publish 
the same in the presence of a majority of each house of the General 
Assembly, who shall for that purpose assemble in the hall of the 
House of Representatives. The person having the highest number 
of votes for either of said offices, shall be declared duly elected ; 
but if two or more have an equal, and the highest number of votes, 
the General Assembly shall, by joint ballot, choose one of such per- 
sons for said office. Contested elections for all of said offices shall 
be determined by both houses of the General Assembly, by joint 
ballot, in such manner as may be prescribed by law. 



232 ILLINOIS AND THE NATION 

ELIGIBILITY 

SEC. 5. No person shall be eligible to the office of Governor, or 
Lieutenant-Governor, who shall not have attained the age of thirty 
years, and been for five years next preceding his election, a citizen 
of the United States and of this state. Neither the Governor, 
Lieutenant-Governor, Auditor of Public Accounts, Secretary of 
State, Superintendent of Public Instruction, nor Attorney-General, 
shall be eligible to any other office during the period for which he 
shall have been elected. 

GOVERNOR 

SEC. 6. The supreme executive power shall be vested in the 
Governor, who shall take care that the laws be faithfully executed. 

SEC. 7. The Governor shall, at the commencement of each 
session, and at the close of his term of office, give to the General 
Assembly information, by message, of the condition of the state, and 
shall recommend such measures as he shall deem expedient. He 
shall account to the General Assembly, and accompany his message 
with a statement of all moneys received and paid out by him from 
any funds subject to his order, with vouchers, and, at the commence- 
ment of each regular session, present estimates of the amount of 
money required to be raised by taxation for all purposes. 

SEC. 8. The Governor may, on extraordinary occasions, convene 
the General Assembly, by proclamation, stating therein the purpose 
for which they are convened; and the General Assembly shall enter 
upon no business except that for which they were called together. 

SEC. 9. In case of disagreement between the two houses with 
respect to the time of adjournment, the Governor may, on the same 
being certified to him by the house first moving the adjournment, 
adjourn the General Assembly to such time as he thinks proper, not 
beyond the first day of the next regular session. 

SEC. 10. The Governor shall nominate and, by and with the 
advice and consent of the Senate (a majority of all the Senators 
elected concurring by yeas and nays), appoint all officers whose 
offices are established by this Constitution, or which may be created 
by law, and whose appointment or election is not otherwise provided 
for; and no such officer shall be appointed or elected by the General 
Assembly. 

SEC. 11. In case of vacancy, during the recess of the Senate, in 
any office which is not elective, the Governor shall make a temporary 
appointment until the next meeting of the Senate, when he shall 



APPENDIX 233 

nominate some person to fill such office; and any person so nomi- 
nated, who is confirmed by the Senate (a majority of all the Sena- 
tors elected concurring by yeas and nays), shall hold his office during 
the remainder of the term, and until his successor shall be appointed 
and qualified. No person, after being rejected by the Senate, shall 
be again nominated for the same office at the same session, unless at 
the request of the Senate, or be appointed to the same office during 
the recess of the General Assembly. 

SEC. 12. The Governor shall have power to remove any officer 
whom he may appoint, in case of incompetency, neglect of duty, or 
malfeasance in office; and he may declare his office vacant and fill 
the same as is herein provided in other cases of vacancy. 

SEC. 13. The Governor shall have power to grant reprieves, 
commutations and pardons, after conviction, for all offenses, sub- 
ject to such regulations as may be provided by law relative to the 
manner of applying therefor. 

SEC. 14. The Governor shall be Commander-in-Chief of the 
military and naval forces of the state (except when they shall be 
called into the service of the United States) ; and may call out the 
same to execute the laws, suppress insurrection, and repel invasion. 

SEC. 15. The Governor, and all civil officers of this state, shall 
be liable to impeachment for any misdemeanor in office. 



SEC. 16. Every bill passed by the General Asstmbly shall, before 
it becomes a law, be presented to the Governor. If he approve, he 
shall sign it, and thereupon it shall become a law; but if he do not 
approve, he shall return it, with his objections, to the house in which 
it shall have originated, which house shall enter the objections at 
large upon its journal, and proceed to reconsider the bill. If, then, 
two-thirds of the members elected agree to pass the same, it shall 
be sent, together with the objections, to the other house, by which 
it shall likewise be reconsidered ; and if approved by two-thirds of 
the members elected to that house, it shall become a law, notwith- 
standing the objections of the Governor. But in all such cases, the 
vote of each house shall be determined by yeas and nays, to be 
entered on the journal. Any bill which shall not be returned by the 
Governor within ten days (Sundays excepted) after it shall have 
been presented to him, shall become a law in like manner as if he had 
signed it, unless the General Assembly shall, by their adjournment, 



234 ILLINOIS AND THE NATION 

prevent its return; in which case it shall be filed, with his objections, 
in the office of the Secretary of State, within ten days after such 
adjournment, or become a law. 

LIEUTENANT-GOVERNOR 

SEC. 17. In case of the death, conviction or impeachment, fail- 
ure to qualify, resignation, absence from the state, or other disability 
of the Governor, the powers, duties and emoluments of the office for 
the residue of the term, or until the disability shall be removed, shall 
devolve upon the Lieutenant-Governor. 

SEC. 18. The Lieutenant-Governor shall be president of the 
Senate, and shall vote only when the Senate is equally divided. The 
Senate shall choose a president, pro tempore, to preside in case of 
the absence or impeachment of the Lieutenant-Governor, or when he 
shall hold the office of Governor. 

SEC. 19. If there be no Lieutenant-Governor, or if the Lieu- 
tenant-Governor shall, for any of the causes specified in section 
seventeen of this article, become incapable of performing the duties 
of the office, the president of the Senate shall act as Governor until 
the vacancy is filled or the disability removed ; and if the president 
of the Senate, for any of the above named causes, shall become 
incapable of performing the duties of Governor, the same shall 
devolve upon the Speaker ot the House of Representatives. 

OTHER STATE OFFICERS 

SEC. 20. If the office of Auditor of Public Accounts, Treasurer, 
Secretary of State, Attorney-General, or Superintendent of Public 
Instruction shall be vacated by death, resignation or otherwise, it 
shall be the duty of the Governor to fill the same by appointment, 
and the appointee shall hold his office until his successor shall be 
elected and qualified in such manner as may be provided by law. An 
account shall be kept by the officers of the executive department, and 
of all the public institutions' of the state, of all moneys received or 
disbursed by them, severally, from all sources, and for every service 
performed, and a semi-annual report thereof be made to the Gov- 
ernor, under oath ; and any officer who shall make a false report 
shall be guilty of perjury, and be punished accordingly. 

SEC. 21. The officers of the executive department, and of all the 
public institutions of the state, shall, at least ten days preceding each 
regular session of the General Assembly, severally report to the 
Governor, who shall submit such reports to the General Assembly, 



APPENDIX 235 

together with the reports of the judges of the supreme court, of 
defects in the Constitution and laws ; and the Governor may at any 
time require information, in writing, under oath, from the officers of 
the executive department, and all officers and managers of state insti- 
tutions, upon any subject relating to the conditions, management and 
expenses of their respective offices. 

THE SEAL OF STATE 

SEC. 22. There shall be a seal of the state, which shall be called 
the "Great Seal of the State of Illinois," which shall be kept by the 
Secretary of State, and used by him, officially, as directed by law. 

FEES AND SALARIES 

SEC. 23. The officers named in this article shall receive for their 
services a salary, to be established by law, which shall not be in- 
creased or diminished during their official terms, and they shall not, 
after the expiration of the terms of those in office at the adoption of 
this Constitution, receive to their own use any fees, costs, perquisites 
of office, or other compensation. And all fees that may hereafter be 
payable by law for any services performed by any officer provided 
for in this article of the Constitution, shall be paid in advance into 
the state treasury. 

DEFINITION AND OATH OF OFFICE 

SEC. 24. An office is a public position created by the Constitu- 
tion or law, continuing during the pleasure of the appointing power, 
or for a fixed time, with a successor elected or appointed. An 
employment is an agency for a temporary purpose, which ceases when 
that purpose is accomplished. 

SEC. 25. All civil officers, except members of the General 
Assembly and such inferior officers as may be by law exempted, 
shall, before they enter on the duties of their respective offices, take 
and subscribe the following oath or affirmation : 

"I do solemnly swear (or affirm, as the case may be) that I will support 
the Constitution of the United States, and the Constitution of the State of 

Illinois, and that I will faithfully discharge the duties of the office of 

according to the best of my ability." 

And no other oath, declaration, or test shall be required as a 
qualification. 



236 ILLINOIS AND THE NATION 

ARTICLE VI 

JUDICIAL DEPARTMENT 

SECTION I. The judicial powers, except as in this article is 
otherwise provided, shall be vested in one supreme court, circuit 
courts, county courts, justices of the peace, police magistrates, and 
in such courts as may be created by law in and for cities and 
incorporated towns. 

SUPREME COURT 

SEC. 2. The supreme court shall consist of seven judges, and 
shall have original jurisdiction in cases relating to the revenue, in 
mandamus and habeas corpus, and appellate jurisdiction in all other 
cases. One of said judges shall be chief-justice; four shall consti- 
tute a quorum, and the concurrence of four shall be necessary to 
every decision. 

SEC. 3. No person shall be eligible to the office of judge of the 
supreme court unless he shall be at least thirty years of age, and a 
citizen of the United States, nor unless he shall have resided in this 
state five years next preceding his election, and be a resident of the 
district in which he shall be elected. 

SEC. 4. Terms of the supreme court shall continue to be held in 
the present grand divisions at the several places now provided for 
holding the same ; and until otherwise provided by law, one or more 
terms of said court shall be held, for the northern division, in the 
City of Chicago each year at such times as said court may appoint, 
whenever said city or the County of Cook shall appoint appropriate 
rooms therefor, and the use of a suitable library, without expense to 
the state. The judicial divisions may be altered, increased or dimin- 
ished in number, and the times and places of holding said court may 
be changed by law. 

SEC. 5. The present grand divisions shall be preserved, and be 
denominated Southern, Central and Northern, until otherwise pro- 
vided by law. The state shall be divided into seven districts for the 
election of judges, and until otherwise provided by law, they shall 
be as follows : 

First District. The counties of St. Clair, Clinton, Washington, 
Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, 
Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, 
Hardin, Pope, Union, Johnson, Alexander, Pulaski, and Massac. 

Second District. The counties of Madison, Bond, Marion, Clay, 
Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Mont- 



APPENDIX 237 

gomery, Macoupin., Shelby, Cumberland, Clarke. Greene, Jersey, 
Calhoun, and Christian. 

Third District. The counties of Sangamon. Macon, Logan, De 
Witt, Piatt. Douglas, Champaign, Vermilion, McLean, Livingston, 
Ford, Iroquois, Coles. Edgar. Moultrie, and Tazewell. 

Fourth District. The counties of Fulton, McDonough, Hancock, 
Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass, and 
Scott. 

Fifth District. The counties of Knox, Warren, Henderson, 
Mercer, Henry. Stark. Peoria, Marshall, Putnam, Bureau, LaSalle, 
Grundy, and Woodford. 

Sixth District. The counties of Whiteside, Carroll, Jo Daviess, 
Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, DeKalb, 
Lee, Ogle, and Rock Island. 

Seventh District. The counties of Lake, Cook, Will, Kankakee, 
and DuPage. 

The boundaries of the districts may be changed at the session of 
the General Assembly next preceding the election for judges therein, 
and at no other time ; but whenever such alterations shall be made, 
the same shall be upon the rule of equality of population, as nearly 
as county boundaries will allow, and the districts shall be composed 
of contiguous counties, in as nearly compact form as circumstances 
will permit. The alteration of the districts shall not affect the tenure 
of office of any judge. 

SEC. 6. At the time of voting on the adoption of this Constitu- 
tion, one judge of the supreme court shall be elected by the electors 
thereof, in each of said districts numbered two, three, six and seven. 
who shall hold his office for the term of nine years from the first 
Monday of June, in the year of our Lord one thousand eight hun- 
dred and seventy. The term of office of judges of the supreme court, 
elected after the adoption of this Constitution, shall be nine years ; 
and on the first Monday of June of the year in which the term of 
any of the judges in the office at the adoption of this Constitution, 
or of the judges then elected, shall expire, and every nine years 
thereafter, there shall be an election for the successor or successors 
of such judges, in the respective districts wherein the term of such 
judges shall expire. The chief-justice shall continue to act as such 
until the expiration of the term for which he was elected, after 
which the judges shall choose one of their number chief-justice. 

SEC. 7. From and after the adoption of this Constitution, the 
judges of the supreme court shall each receive a salary of four thou- 



238 ILLINOIS AND THE NATION 

sand dollars per annum, payable quarterly, until otherwise provided 
by law. And after said salaries shall be fixed by law, the salaries 
of the judges in office shall not be increased or diminished during 
the term for which said judges shall have been elected. 

SEC. 8. Appeals and writs of error may be taken to the supreme 
court, held in the grand division in which the case is decided, or, by 
consent of the parties, to any other grand division. 

SEC. 9. The supreme court shall appoint one reporter of its 
decisions, who shall hold his office for six years, subject to removal 
by the court. 

SEC. 10. At the time of the election for Representatives in the 
General Assembly, happening next preceding the expiration of the 
terms of office of the present clerks of said court, one clerk of said 
court, for each division shall be elected, whose term of office shall 
be six years from said election, but who shall not enter upon the 
duties of his office until the expiration of the term of his prede- 
cessor, and every six years thereafter one clerk of said court for 
each division shall be elected. 

APPELLATE COURTS 

SEC. 11. After the year of our Lord one thousand eight hun- 
dred and seventy-four, inferior appellate courts, of uniform organi- 
zation and jurisdiction, may be created in districts formed for that 
purpose, to which such appeals and writs of error as the General 
Assembly may provide, may be prosecuted from circuit or other 
courts, and from which appeals and writs of error shall lie to the 
supreme court, in all criminal cases, and cases in which a franchise, 
or freehold, or the validity of a statute is involved, and in such other 
cases as may be provided by law. Such appellate courts shall be 
held by such number of judges of the circuit courts, and at such 
times and places, and in such manner as may be provided by law; 
but no judge shall sit in review upon cases decided by him; nor 
shall said judges receive any additional compensation for such 
services. 

CIRCUIT COURTS 

SEC. 12. The circuit courts shall have original jurisdiction of 
all causes in law and equity, and such appellate jurisdiction as is or 
may be provided by law, and shall hold two or more terms each 
year in every county. The terms of office of judges of circuit courts 
shall be six years. 

SEC. 13. The state, exclusive of the County of Cook and other 



APPENDIX 239 

counties having a population of one hundred thousand, shall be 
divided into judicial circuits, prior to the expiration of the terms of 
omce of the present judges of the circuit courts. Such circuits shall 
be formed of contiguous counties, in as nearly compact form and 
as nearly equal as circumstances will permit, having due regard to 
business, territory, and population, and shall not exceed in number 
one circuit for every one hundred thousand of population in the state. 
One judge shall be elected for each of said circuits by the electors 
thereof. New circuits may be formed and the boundaries of circuits 
changed by the General Assembly, at its session next preceding the 
election for circuit judges, but at no other time: Provided, that the 
circuits may be equalized or changed at the first session of the 
General Assembly after the adoption of this Constitution. The 
creation, alteration or change of any circuit shall not affect the 
tenure of office of any judge. Whenever the business of the cir- 
cuit court of any one, or of two or more contiguous counties, con- 
taining a population exceeding fifty thousand, shall occupy nine 
months of the year, the General Assembly may make of such county, 
or counties, a separate circuit. Whenever additional circuits are 
created, the foregoing limitations shall be observed. 

SEC. 14. The General Assembly shall provide for the times of 
holding court in each county ; which shall not be changed, except 
by the General Assembly next preceding the general election for 
judges of said courts; but additional terms may be provided for in 
any county. The election for judges of the circuit courts shall be 
held on the first Monday in June, in the year of our Lord one thou- 
sand eight hundred and seventy-three, and every six years thereafter. 

SEC. 15. The General Assembly may divide the state into judi- 
cial circuits of greater population and territory, in lieu of the circuits 
provided for in section thirteen of this article, and provide for the 
election therein, severally, by the electors thereof, by general ticket, 
of not exceeding four judges, who shall hold the circuit courts in 
the circuit for which they shall be elected, in such manner as may 
be provided by law. 

SEC. 16. From and after the adoption of this Constitution, 
judges of the circuit courts shall receive a salary of three thousand 
dollars per annum, payable quarterly, until otherwise provided by 
law. And after their salaries shall be fixed by law, they shall not 
be increased or diminished during the terms for which said judges 
shall be respectively elected ; and from and after the adoption of this 
Constitution, no judge of the supreme or circuit court shall receive 



240 ILLINOIS AND THE NATION 

any other compensation, perquisite or benefit, in any form whatso- 
ever, nor perform any other than judicial duties to which ma} r belong 
any emoluments. 

SEC. 17. No person shall be eligible to the office of judge of the 
circuit or any inferior court, or to membership in the "board of 
county commissioners," unless he shall be at least twenty-five years 
of age, and a citizen of the United States, nor unless he shall have 
resided in this state five years next preceding his election, and be a 
resident of the circuit, county, city, cities, or incorporated town in 
which he shall be elected. 

COUNTY COURTS 

SEC. 18. There shall be elected in and for each county, one 
county judge and one clerk of the county court, whose terms of 
office shall be four years. But the General Assembly may create 
districts of two or more contiguous counties, in each of which shall 
be elected one judge, who shall take the place of, and exercise the 
powers and jurisdiction of county judges in such districts. County 
courts shall be courts of records, and shall have original jurisdic- 
tion in all matters of probate; settlement of estates of deceased 
persons, appointments of guardians and conservators, and settle- 
ments of their accounts; in all matters relating to apprentices; and 
in proceedings for the collection of taxes and assessments, and such 
other jurisdiction as may be provided for by general law. 

SEC. 19. Appeals and writs of error shall be allowed from final 
determinations of county courts, as may be provided by law. 

PROBATE COURTS 

SEC. 20. The General Assembly may provide for the establish- 
ment of a probate court in each county having a population of over 
fifty thousand, and for the election of a judge thereof, whose term 
of office shall be the same as that of the county judge, and who shall 
be elected at the same time and in the same manner. Said courts, 
when established, shall have original jurisdiction of all probate 
matters, the settlement of estates of deceased persons, the appoint- 
ment of guardians and conservators, and settlements of their ac- 
counts ; in all matters relating to apprentices, and in cases of sales 
of real estate of deceased persons for the payment of debts. 

JUSTICES OF THE PEACE AND CONSTABLES 

SEC. 21. Justices of the peace, police magistrates, and constables 
shall be elected in and for such districts as are, or may be, provided 



APPENDIX 241 

by law, and the jurisdiction of such justices of the peace and police 
magistrates shall be uniform. 

state's attorney 
SEC. 22. At the election for members of the General Assembly 
in the year of our Lord one thousand eight hundred and seventy- 
two, and every four years thereafter, there shall be elected a state's 
attorney in and for each county, in lieu of the state's attorneys 
now provided by law, whose term of office shall be four years. 

courts of cook county 

SEC. 23. The County of Cook shall be one judicial circuit. The 
circuit court of Cook County shall consist of five judges, until their 
number shall be increased, as herein provided. The present judge 
of the recorder's court of the City of Chicago, and the present 
judge of the circuit court of Cook County shall be two of said 
judges, and shall remain in office for the terms for which they were 
respectively elected, and until their successors shall be elected and 
qualified. The superior court of Chicago shall be continued and 
called the "Superior Court of Cook County." The General Assem- 
bly may increase the number of said judges, by adding one to 
either of said courts for every additional fifty thousand inhabitants 
in said county over and above a population of four hundred thou- 
sand. The terms of office of the judges of said courts, hereinafter 
elected, shall be six years. 

SEC. 24. The judge having the shortest unexpired term shall be 
chief-justice of the court of which he is a judge. In case there are 
two or more whose terms expire at the same time, it may be deter- 
mined by lot which shall be chief -justice. Any judge of either of 
said courts shall have all the powers of a circuit judge, and may 
hold the court of which he is a member. Each of them may hold a 
different branch thereof at the same time. 

SEC. 25. The judges of the superior and circuit courts, and the 
state's attorney, in said county, shall receive the same salaries, pay- 
able out of the state treasury, as is or may be paid from said treas- 
ury to the circuit judges and state's attorneys of the state, and 
such further compensation, to be paid by the County of Cook, as is 
or may be provided by law. Such compensation shall not be changed 
during their continuance in office. 

SEC. 26. The recorder's court of the City of Chicago shall be 
continued, and shall be called the "Criminal Court of Cook County." 
It shall have the jurisdiction of a circuit court in all cases of crim- 



242 ILLINOIS AND THE NATION 

inal and quasi criminal nature, arising in the County of Cook, or 
that may be brought before said court pursuant to law ; and all recog- 
nizances and appeals taken in said county, in criminal and quasi 
criminal cases shall be returnable and taken to said court. It shall 
have no jurisdiction in civil cases, except in those on behalf of the 
people, and incident to such criminal or quasi criminal matters, and 
to dispose of unfinished business. The terms of said Criminal Court 
of Cook County shall be held by one or more of the judges of the 
circuit or superior court of Cook County, as nearly as may be in 
alternation, as may be determined by said judges, or provided by 
law. Said judges shall be ex-officio judges of said court. 

SEC. 27. The present clerk of the recorder's court of the City 
of Chicago shall be the clerk of the Criminal Court of Cook County, 
during the term for which he was elected. The present clerks of 
the superior court of Chicago, and the present clerk of the circuit 
court of Cook County, shall continue in office during the terms for 
which they were respectively elected ; and thereafter there shall be 
but one clerk of the superior court, to be elected by the qualified 
electors of said county, who shall hold his office for the term of four 
years, and until his successor is elected and qualified. 

SEC. 28. All justices of the peace in the City of Chicago shall 
be appointed by the Governor, by and with the advice and consent 
of the Senate (but only upon the recommendation of a majority of 
the judges of the circuit, superior and county courts), and for such 
districts as are now or shall hereafter be provided by law. They 
shall hold their offices for four years, and until their successors have 
been commissionend and qualified, but they may be removed by sum- 
mary proceeding in the circuit or superior court, for extortion or 
other malfeasance. Existing justices of the peace and police mag- 
istrates may hold their offices until the expiration of their respective 
terms. 

GENERAL PROVISIONS 

SEC. 29. All judicial officers shall be commissioned by the 
Governor. All laws relating to courts shall be general, and of 
uniform operation; and the organization, jurisdiction, powers, pro- 
ceedings, and practice of all courts, of the same class or grade, so 
far as regulated by law, and the force and effect of the process, 
judgments and decrees of such courts, severally, shall be uniform. 

SEC. 30. The General Assembly may, for cause entered on the 
journals, upon due notice and opportunity of defense, remove from 
office any judge, upon concurrence of three-fourths of all the mem- 



APPENDIX 243 

bers elected, of each house. All other officers in this article men- 
tioned shall be removed from office on prosecution and final 
conviction, for misdemeanor in office. 

SEC. 31. All judges of courts of record, inferior to the supreme 
court, shall, on or before the first day of June, of each year, report 
in writing to the judges of the supreme court, such defects and 
omissions in the laws as their experience may suggest; and the 
judges of the supreme court shall, on or before the first day of 
January, of each year, report in writing to the Governor such de- 
fects and omissions in the Constitution and laws as they may find 
to exist, together with appropriate forms of bills to cure such defects 
and omissions in the laws. And the judges of the several circuit 
courts shall report to the next General Assembly, the number of 
days they have held court in the several counties composing their 
respective circuits, the preceding two years. 

SEC. 32. All officers provided for in this article shall hold their 
offices until their successors shall be qualified, and they shall, respec- 
tively, reside in the division, circuit, county or district for which 
they may be elected or appointed. The term of office of all such 
officers, where not otherwise prescribed in this article, shall be four 
years. All officers, where not otherwise provided for in this article, 
shall perform such duties and receive such compensation as is, or 
may be, provided by law. Vacancies in such elective offices shall be 
filled by election; but where the unexpired term does not exceed one 
year, the vacancy shall be filled by appointment, as follows: Of 
judges, by the Governor; of clerks of courts, by the court to which 
the office appertains, or by the judge or judges thereof; and of all 
such other offices, by the board of supervisors, or board of county 
commissioners, in the county w T here the vacancy occurs. 

SEC. 33. All process shall run : In the name of the people of 
the State of Illinois; and all prosecutions shall be carried on: In the 
name and by the authority of the People of the State of Illinois; 
and conclude: Against the peaee and dignity of the same. "Popu- 
lation," wherever used in this article, shall be determined by the 
next preceding census of this state, or of the United States. 

ARTICLE VII 

SUFFRAGE 

SECTION i. Every person having resided in this state one 
year, in the county ninety days, and in the election district thirty 
days next preceding any election therein, who was an elector in this 



244 ILLINOIS AND THE NATION 

state on the first day of April, in the year of our Lord one thou- 
sand eight hundred and forty-eight, or obtained a certificate of 
naturalization, before any court of record in this state, prior to the 
first day of January, in the year of our Lord one thousand eight 
hundred and seventy, or who shall be a male citizen of the United 
States, above the age of twenty-one years, shall be entitled to vote 
at such election. 

SEC. 2. All votes shall be by ballot. 

SEC. 3. Electors shall, in all cases except treason, felony, or 
breach of the peace, be privileged from arrest during their attend- 
ance at elections, and in going to and returning from the same. And 
no elector shall be obliged to do military duty on the days of election, 
except in time of war or public danger. 

SEC. 4. No elector shall be deemed to have lost his residence in 
this state by reason of his absence on the business of the United 
States, or of this state, or in the military or naval service of the 
United States. 

SEC. 5. No soldier, seaman or marine in the army or navy of 
the United States, shall be deemed a resident of this state in conse- 
quence of being stationed therein. 

SEC. 6. No person shall be elected or appointed to any office 
in this state, civil or military, who is not a citizen of the United 
States, and who shall not have resided in this state one year next 
preceding the election or appointment. 

SEC. 7. The General Assembly shall pass laws excluding from 
the right of suffrage persons convicted of infamous crimes. 

ARTICLE VIII 

EDUCATION 

SECTION 1. The General Assembly shall provide a thorough 
and efficient system of free schools, whereby all children of this state 
may receive a good common school education. 

SEC. 2. All lands, moneys, or other property, donated, granted, 
or received for school, college, seminary or university purposes, and 
the proceeds thereof, shall be faithfully applied to the objects for 
which such gifts or grants were made. 

SEC. 3. Neither the General Assembly nor any county, city, 
town, township, school district, or other public corporation, shall 
ever make any appropriation or pay from any public fund whatever, 
anything in aid of any church or sectarian purpose, or to help sup- 



APPENDIX 245 

port or sustain any school, academy, seminary, college, university, or 
other literary or scientific institution, controlled by any church or 
sectarian denomination whatever ; nor shall any grant or donation 
of land, money, or other personal property ever be made by the 
state, or any such public corporation, to any church, or for any 
sectarian purpose. 

SEC. 4. No teacher, state, county, township, or district school 
officer shall be interested in the sale, proceeds, or profits of any book, 
apparatus, or furniture, used or to be used, in any school in this 
state, with which such officer or teacher may be connected, under 
such penalties as may be provided by the General Assembly. 

SEC. 5. There may be a county superintendent of schools in 
each county whose qualifications, powers, duties, compensation, and 
time and manner of election, and term of office, shall be prescribed 
by law. 

ARTICLE IX 

REVENUE 

SECTION 1. The General Assembly shall provide such revenue 
as may be needful by levying a tax, by valuation, so that every per- 
son and corporation shall pay a tax in proportion to the value of 
his, her, or its property — such value to be ascertained by some person 
or persons, to be elected or appointed in such manner as the General 
Assembly shall direct and not otherwise ; but the General Assembly 
shall have power to tax peddlers, auctioneers, brokers, hawkers, 
merchants, commission merchants, showmen, jugglers, inn-keepers, 
grocery-keepers, liquor-dealers, toll-bridges, ferries, insurance, tele- 
graph and express interests or business, venders of patents, and 
persons or corporations owning or using franchises and privileges, 
in such manner as it shall, from time to time, direct by general law, 
uniform as to the class upon which it operates. 

SEC. 2. The specification of the objects and subjects of taxation 
shall not deprive the General Assembly of the power to require 
other subjects or objects to be taxed, in such manner as may be 
consistent with the principles of taxation fixed in this Constitution. 

SEC. 3. The property of the state, counties, and other munici- 
pal corporations, both real and personal, and such other property, 
as may be used exclusively for agricultural and horticultural socie- 
ties, for school, religious, cemetery and charitable purposes, may be 
exempted from taxation ; but such exemption shall be only by general 
law. In the assessment of real estate incumbered by public ease- 



246 ILLINOIS AND THE NATION 

ment, any depreciation occasioned by such easement may be deducted 
in the valuation of such property. 

SEC. 4. The General Assembly shall provide, in all cases where 
it may be necessary to sell real estate for the non-payment of taxes 
or special assessments, for state, county, municipal or other pur- 
poses, that a return of such unpaid taxes or assessments shall be 
made to some general officer of the county, having authority to 
receive state and county taxes ; and there shall be no sale of said 
property for any of said taxes or assessments but by said officer, 
upon the order or judgment of some court of record. 

SEC. 5*. The right of redemption from all sales of real estate, 
for the non-payment of taxes or special assessments of any charac- 
ter whatever shall exist in favor of owners and persons interested 
in such real estate, for a period of not less than two years from 
such sales thereof. And the General Assembly shall provide, by law, 
for reasonable notice to be given to the owners of parties interested, 
by publication or otherwise, of the fact of the sale of the property 
for such taxes or assessments, and when the time of redemption 
shall expire: Provided, that occupants shall in all cases be served 
with personal notice before the time of redemption expires. 

SEC. 6. The General Assembly shall have no power to release 
or discharge any county, city, township, town or district, whatever, 
or the inhabitants thereof, or the property therein, from their or 
its proportionate share of taxes to be levied for state purposes, 
nor shall commutation for such taxes be authorized in any form 
whatsoever. 

SEC. 7. All taxes levied for state purposes shall be paid into 
the state treasury. 

SEC. 8. County authorities shall never assess taxes, the aggre- 
gate of which shall exceed seventy-five cents per one hundred 
dollars' valuation, except for the payment of indebtedness existing 
at the adoption of this Constitution, unless authorized by a vote of 
the people of the county. 

SEC. 9. The General Assembly may vest the corporate authori- 
ties of cities, towns, and villages, with power to make local improve- 
ments by special assessment or by special taxation of contiguous 
property, or otherwise. For all other corporate purposes, all munic- 
ipal corporations may be vested with authority to assess and collect 
taxes; but such taxes shall be uniform in respect to persons and 
property, within the jurisdiction of the body imposing the same. 

SEC. 10. The General Assembly shall not impose taxes upon 



APPENDIX 247 

municipal corporations, or the inhabitants or property thereof, for 
corporate purposes, but shall require that all the taxable property 
within the limits of municipal corporations shall be taxed for the 
payment of debts contracted under authority of law, such taxes to 
be uniform in respect to persons and property, within the juris- 
diction of the body imposing the same. Private property shall not 
be liable to be taken or sold for the payment of the corporate debts 
of a municipal corporation. 

SEC. ii. No person who is in default, as collector or custodian 
of money or property belonging to a municipal corporation, shall be 
eligible to any office in or under such corporation. The fees, salary 
or compensation of no municipal officer who is elected or appointed 
for a definite term of office, shall be increased or diminished during 
such term. 

SEC. 12. No county, city, township, school district, or other 
municipal corporation shall be allowed to become indebted in any 
manner or for any purpose, to an amount, including existing indebt- 
edness, in the aggregate exceeding five per centum on the value of 
the taxable property therein, to be ascertained by the last assessment 
for state and county taxes, previous to the incurring of such indebt- 
edness. Any county, city, school district, or other municipal corpo- 
ration, incurring any indebtedness as aforesaid, shall before, or at 
the time of doing so, provide for the collection of a direct annual 
tax sufficient to pay the interest on such debt, as it falls due, and 
also to pay and discharge the principal thereof within twenty years 
from the time of contracting the same. This section shall not be 
construed to prevent any county, city, township, school district, or 
other municipal corporation from issuing their bonds in compliance 
with any vote of the people which may have been had prior to the 
adoption of this Constitution in pursuance of any law providing 
therefor. 

SEC. 13. The corporate authorities of the City of Chicago are 
hereby authorized to issue interest-bearing bonds of said city to an 
amount not exceeding five million dollars, at a rate of interest not 
to exceed five per centum per annum, the principal payable within 
thirty years from the date of their issue, and the proceeds thereof 
shall be paid to the treasurer of the World's Columbian Exposition, 
and used and disbursed by him under the direction and control of 
the directors, in aid of the World's Columbian Exposition, to be 
held in the City of Chicago, in pursuance of an act of Congress 
of the United States : Provided, that if at an election for the adop- 



248 ILLINOIS AND THE NATION 

tion of this amendment to the Constitution a majority of the votes 
cast within the limits of the City of Chicago shall be against its 
adoption, then no bonds shall be issued under this amendment. 

And said corporate authorities shall be repaid as large a propor- 
tionate amount of the aid given by them as is repaid to the stock- 
holders on the sums subscribed and paid by them, and the money 
so received shall be used in the redemption of the bonds issued as 
aforesaid, provided that said authorities may take in whole or in 
part of the sum coming to them any permanent improvements placed 
on land held or controlled by them: And, provided further, that 
no such indebtedness so created shall in any part thereof be paid 
by the state, or from any state revenue, tax or fund, but the same 
shall be paid by the said City of Chicago alone. 

ARTICLE X 

COUNTIES 

SECTION i. No new county shall be formed or established by 
the General Assembly, which will reduce the county or counties, or 
either of them, from which it shall be taken, to less contents than 
four hundred square miles; nor shall any county be formed of less 
contents; nor shall any line thereof pass within less than ten miles 
of any county seat of the county or counties proposed to be divided. 

SEC. 2. No county shall be divided, or have any part stricken 
therefrom, without submitting the question to a vote of the people 
of the county, nor unless a majority of all the legal voters of the 
county, voting on the question, shall vote for the same. 

SEC. 3. There shall be no territory stricken from any county, 
unless a majority of the voters living in such territory, shall petition 
for such division ; and no territory shall be added to any county 
without the consent of the majority of the voters of the county to 
which it is proposed to be added. But the portion so stricken off 
and added to another county, or formed in whole or in part into a 
new county, shall be holden for, and obliged to pay its proportion of 
the indebtedness of the county from which it has been taken. 

COUNTY SEATS 

SEC. 4. No county seat shall be removed until the point to 
which it is proposed to be removed shall be fixed in pursuance of 
law, and three-fifths of the voters of the county, to be ascertained 
in such manner as shall be provided by general law, shall have voted 



APPENDIX 249 

in favor of its removal to such point; and no person shall vote on 
such question who has not resided in the county six months, and 
in the election precinct ninety days next preceding such election. 
The question of the removal of a county seat shall not be oftener 
submitted than once in ten years, to a vote of the people. But when 
an attempt is made to remove a county seat to a point nearer to the 
center of a county, then a majority vote only shall be necessary. 

COUNTY GOVERNMENT 

SEC. 5. The General Assembly shall provide, by general law, 
for township organization, under which any county may organize 
whenever a majority of the legal voters of such county, voting at 
any general election, shall so determine, and whenever any county 
shall adopt township organization, so much of this Constitution as 
provides for the management of the fiscal concerns of the said 
county by the board of county commissioners, may be dispensed 
with, and the affairs of said county may be transacted in such 
manner as the General Assembly may provide. And in any county 
that shall have adopted a township organization, the question of 
continuing the same may be submitted to a vote of the electors of 
such county, at a general election, in the manner that now is or 
may be provided by law; and if a majority of all the votes cast 
upon that question shall be against township organization, then such 
organization shall cease in said county ; and all laws in force in 
relation to counties not having township organization shall imme- 
diately take effect and be in force in such county. No two town- 
ships shall have the same name, and the day of holding the annual 
township meeting shall be uniform throughout the state. 

SEC. 6. At the first election of county judges under this Con- 
stitution, there shall be elected in each of the counties in this state, 
not under township organization, three officers, who shall be styled 
''The Board of County Commissioners," who shall hold sesssions 
for the transaction of county business as shall be provided by law. 
One of said commissioners shall hold his office for one year, one for 
two years, and one for three years, to be determined by lot; and 
every year thereafter one such officer shall be elected in each of said 
counties for the term of three years. 

SEC. 7. The county affairs of Cook County shall be managed 
by a board of commissioners of fifteen persons, ten of whom shall 
be elected from the City of Chicago, and five from towns outside of 
said city, in such manner as may be provided by law. 



250 ILLINOIS AND THE NATION 

COUNTY OFFICERS AND THEIR COMPENSATION 

SEC. 8. In each county there shall be elected the following 
county officers, at the general election to be held on the Tuesday 
after the first Monday in November, A. D., 1882: A county judge, 
county clerk, sheriff, and treasurer, and at the election to be held on 
the Tuesday after the first Monday in November, A. D., 1884, a 
coroner and clerk of the circuit court (who may be ex-officio 
recorder of deeds, except in counties having 60,000 and more inhab- 
itants, in which counties a recorder of deeds shall be elected at the 
general election in 1884). Each of said officers shall enter upon the 
duties of his office, respectively, on the first Monday of December 
after his election, and they shall hold their respective offices for the 
term of four years, and until their successors are elected and quali- 
fied : Provided, that no person having once been elected to the office 
of sheriff or treasurer shall be eligible to re-election to said office 
for four years after the expiration of the term for which he shall 
have been elected. 

SEC. 9. The clerks of all the courts of record, the treasurer, 
sheriff, coroner and recorder of deeds of Cook County, shall receive 
as their only compensation for their services, salaries to be fixed by 
law, which shall in no case be as much as the lawful compensation 
of a judge of the circuit court of said county, and shall be paid, 
respectively, only out of the fees of the office actually collected. All 
fees, perquisites and emoluments (above the amounts of said sala- 
ries) shall be paid into the county treasury. The number of the 
deputies and assistants of such officers shall be determined by rule of 
the circuit court, to be entered of record, and their compensation 
shall be determined by the county board. 

SEC. 10. The county board, except as provided in section nine 
of this article, shall fix the compensation of all county officers, with 
the amount of their necessary clerk hire, stationery, fuel and other 
expenses, and in all cases where fees are provided for, said compen- 
sation shall be paid only out of, and shall in no instance exceed, the 
fees actually collected, they shall not allow either of them more per 
annum than fifteen hundred dollars, in counties not exceeding twenty 
thousand inhabitants; two thousand dollars, in counties containing 
twenty thousand and not exceeding thirty thousand inhabitants; 
twenty-five hundred dollars, in counties containing thirty thousand 
and not exceeding fifty thousand inhabitants ; three thousand dollars, 
in counties containing fifty thousand and not exceeding seventy thou- 
sand inhabitants; thirty-five hundred dollars, in counties containing 



APPENDIX 251 

seventy thousand and not exceeding one hundred thousand inhabit- 
ants ; and four thousand dollars, in counties containing one hundred 
thousand and not exceeding two hundred and fifty thousand inhabit- 
ants ; and not more than one thousand dollars additional compensa- 
tion for each additional one hundred thousand inhabitants : Pro- 
vided, that the compensation of no officer shall be increased or 
diminished during his term of office. All fees or allowances by 
them received, in excess of their said compensation, shall be paid 
into the county treasury. 

SEC. II. The fees of township officers, and of each class of 
county officers, shall be uniform in the class of counties to which 
they respectively belong. The compensation herein provided for 
shall apply only to officers hereafter elected, but all fees established 
by special laws shall cease at the adoption of this Constitution, and 
such officers shall receive only such fees as are provided by general 
law. 

SEC. 12. All laws fixing the fees of state, county, and township 
officers shall terminate with the terms respectively of those who may 
be in office at the meeting of the first General Assembly after the 
adoption of this constitution ; and the General Assembly shall, by 
general law, uniform in its operation, provide for and regulate the 
fees of said officers and their successors, so as to reduce the same 
to a reasonable compensation for services actually rendered. But 
the General Assembly may, by general law, classify the counties by 
population into not more than three classes, and regulate the fees 
according to class. This article shall not be construed as depriving 
the General Assembly of the power to reduce the fees of existing 
officers. 

SEC. 13. Every person who is elected or appointed to any office 
in this state, who shall be paid in whole or in part by fees, shall be 
required by law to make a semi-annual report, under oath, to some 
officer to be designated by law, of all his fees and emoluments. 

ARTICLE XI 

CORPORATIONS 

SECTION 1. No corporation shall be created by special laws, 
or its charter extended, changed, or amended, except those for 
charitable, educational, penal, or reformatory purposes, which are 
to be and remain under the patronage and control of the state, but 
the General Assembly shall provide, by general laws, for the organi- 
zation of all corporations hereafter to be created. 



252 ILLINOIS AND THE NATION 

SEC. 2. All existing charters or grants of special or exclusive 
privileges, under which organization shall not have taken place, or 
which shall not have been in operation within ten days from the 
time this Constitution takes effect, shall thereafter have no validity 
or effect whatever. 

SEC. 3. The General Assembly shall provide, by law, that in all 
elections for directors or managers of incorporated companies, every 
stockholder shall have the right to vote, in person or by proxy, for 
the number of shares of stock owned by him. for as many persons 
as there are directors and managers to be elected, or to cumulate 
said shares, and give one candidate as many votes as the number of 
directors multiplied by the number of his shares of stock, shall equal, 
or distribute them on the same principle among as many candidates 
as he shall think fit; and such directors or managers shall not be 
elected in any other manner. 

SEC. 4. No law shall be passed by the General Assembly grant- 
ing the right to construct and operate a street railroad within any 
city, town, or incorporated village, without requiring the consent 
of the local authorities having the control of the street or highway 
proposed to be occupied by such street railroad. 

BANKS 

SEC. 5. No state bank shall hereafter be created, nor shall the 
state own or be liable for any stock in any corporation or joint stock 
company or association for banking purposes, now created, or to be 
hereafter created. No act of the General Assembly authorizing or 
creating corporations or associations, with banking powers, whether 
of issue, deposit or discount, nor amendments thereto, shall go into 
effect, or in any manner be in force, unless the same shall be sub- 
mitted to a vote of the people at the general election next succeeding 
the passage of the same, and be approved by a majority of all the 
votes cast at such an election for or against such law. 

SEC. 6. Every stockholder in a banking corporation or institu- 
tion shall be individually responsible and liable to its creditors, over 
and above the amount of stock by him or her held, to an amount 
equal to his or her respective shares so held, for all liabilities 
accruing while he or she remains such stockholder. 

SEC. 7 The suspension of specie payments by banking institu- 
tions, on their circulation, created by the laws of this state, shall 
never be permitted or sanctioned. Every banking association now, 
or which may hereafter be, organized under the laws of this state 



APPENDIX 253 

shall make and publish a full and accurate quarterly statement of 
its affairs (which shall be certified to. under oath, by one or more 
of its officers), as may be provided by law. 

SEC. 8. If a general banking law shall be enacted, it shall pro- 
vide for the registry and countersigning, by an officer of state, of 
all bills or paper credit, designed to circulate as money, and require 
security, to the full amount thereof, to be deposited with the State 
Treasurer, in United States or Illinois State stocks, to be rated at 
ten per cent below their par value; and in case of a depreciation of 
said stocks to the amount of ten per cent below par, the bank or 
banks owning said stocks shall be required to make up said defi- 
ciency, by depositing additional stocks. And said law shall also 
provide for the recording of the names of all stockholders in such 
corporation, the amount of stock held by each, the time of any 
transfer thereof, and to whom such transfer is made. 

RAILROADS 

SEC. 9. Every railroad corporation organized or doing business 
in this state, under the laws or authority thereof, shall have and 
maintain a public office or place in this state for the transaction of 
its business, where transfers of stock shall be made and in which 
shall be kept for public inspection books in which shall be recorded 
the amount of capital stock subscribed, and by whom; the names of 
the owners of its stock, and the amounts owned by them respec- 
tively ; the amount of stock paid in, and by whom; the transfers 
of said stock; the amount of its assets and liabilities, and the names 
and places of residence of its officers. The directors of every rail- 
way corporation shall, annually, make a report, under oath, to the 
auditor of public accounts, or some officer to be designated by law, 
of all their acts and doing, which report shall include such matters 
relating to railroads as may be prescribed by law. And the General 
Assembly shall pass laws enforcing by suitable penalties the pro- 
visions of this section. 

SEC. 10. The rolling stock, and all other movable property be- 
longing to any railroad company or corporation in this state, shall 
be considered personal property, and shall be liable to execution 
and sale in the same manner as the personal property of individuals, 
and the General Assembly shall pass no law exempting any such 
property from execution and sale. 

SEC. 11. No railroad corporation shall consolidate its stock, 
property or franchises with any other railroad corporation owning a 



254 ILLINOIS AND THE NATION 

parallel or competing line; and in no case shall any consolidation 
take place except upon public notice given, of at least sixty days, to 
all stockholders, in such manner as may be provided by law. A 
majority of the directors of any railroad corporation, now incor- 
porated or hereafter to be incorporated by the laws of this state, 
shall be citizens and residents of this state. 

SEC. 12. Railways heretofore constructed or that may hereafter 
be constructed in this state, are hereby declared public highways, 
and shall be free to all persons, for the transportation of their per- 
sons and property thereon, under such regulations as may be pre- 
scribed by law. And the General Assembly shall, from time to time, 
pass laws establishing reasonable maximum rates of charges for the 
transportation of passengers and freight on the different railroads 
in this state. 

SEC. 13. No railroad corporation shall issue any stocks or 
bonds, except for money, labor or property, actually received, and 
applied to the purpose for which such corporation was created; and 
all stock dividends, and other fictitious increase of capital stock 
or indebtedness of any such corporation shall be void. The capital 
stock of no railroad corporation shall be increased for any purpose, 
except upon giving sixty days' public notice, in such manner as may 
be provided by law. 

SEC. 14. The exercise of the power, and the right of eminent 
domain shall never be so construed or abridged as to prevent the 
taking, by the General Assembly, of the property and franchises of 
incorporated companies already organized, and subjecting them to 
the public necessity the same as of individuals. The right of trial 
by jury shall be held inviolate in all trials of claims for compensa- 
tion, when, in the exercise of the said right of eminent domain, any 
incorporated company shall be interested either for or against the 
exercise of said right. 

SEC. 15. The General Assembly shall pass laws to correct abuses 
and prevent unjust discrimination and extortion in the rates of 
freight and passenger tariffs on the different railroads in this state, 
and enforce such laws, by adequate penalties, to the extent, if neces- 
sary for that purpose, of forfeiture of their property and franchises. 

ARTICLE XII 

MILITIA 

SECTION 1. The militia of the State of Illinois shall consist 
of all able-bodied male persons, residents in the state, between the 



APPENDIX 255 

ages of eighteen and forty-five, except such persons as now are, or 
hereafter may be, exempted by the laws of the United States, or of 
this state. 

SEC. 2. The General Assembly, in providing for the organiza- 
tion, equipment and discipline of the militia, shall conform as 
nearly as practicable to the regulations for the government of the 
armies of the United States. 

SEC. 3. All militia officers shall be commissioned by the Gov- 
ernor, and may hold their commissions for such time as the General 
Assembly may provide. 

SEC. 4. The militia shall, in all cases, except treason, felony, or 
breach of the peace, be privileged from arrest during their attend- 
ance at musters and elections, and in going to and returning from 
the same. 

SEC. 5. The military records, banners and relics of the state 
shall be preserved as an enduring memorial of the patriotism and 
valor of Illinois, and it shall be the duty of the General Assembly 
to provide by law for the safe keeping of the same. 

SEC. 6. No person having conscientious scruples against bear- 
ing arms shall be compelled to do military duty in time of peace: 
Provided, such person shall pay an equivalent for such exemption. 

ARTICLE XIII 

WAREHOUSES 

SECTION 1. All elevators or storehouses where grain or other 
property is stored for a compensation, whether the property stored 
be kept separate or not, are declared to be public warehouses. 

SEC. 2. The owner, lessee, or manager of each and every public 
warehouse situated in any town or city of not less than one hundred 
thousand inhabitants, shall make weekly statements under oath, be- 
fore some officer to be designated by law, and keep the same posted 
in some conspicuous place in the office of said warehouse, and shall 
also file a copy for public examination in such place as shall be 
designated by law, which statement shall correctly set forth the 
amount and grade of each and every kind of grain in such ware- 
house, together with such other property as may be stored therein, 
and what warehouse receipts have been issued, and are, at the time 
of making such statement, outstanding therefor; and shall, on the 
copy posted in the warehouse, note daily changes as may be made 
in the quantity and grade of grain in such warehouse; and the differ- 
ent grades of grain shipped in separate lots shall not be mixed with 



256 ILLINOIS AND THE NATION 

inferior or superior grades, without the consent of the owner or 
consignee thereof. 

SEC. 3. The owners of property stored in any warehouse, or 
holder of a receipt for the same, shall always be at liberty to 
examine such property stored, and all the books and records of the 
warehouse, in regard to such property. 

SEC. 4. All railroad companies and other common carriers on 
railroads shall weigh or measue grain at such points where it is 
shipped, and receipt for the full amount, and shall be responsible for 
the delivery of such amount to the owner or consignee thereof, at 
the place of destination. 

SEC. 5. All railroad companies receiving and transporting grain 
in bulk or otherwise shall deliver the same to any consignee thereof, 
or any elevator or public warehouse to which it may be consigned, 
provided such consignee or the elevator or public warehouse can be 
reached by any track owned, leased or used, or which can be used, 
by such railroad companies ; and all railroad companies shall permit 
connections to be made with their track, so that any such consignee, 
and any public warehouse, coal bank or coal yard, may be reached by 
the cars on said railroad. 

SEC. 6. It shall be the duty of the General Assembly to pass 
all necessary laws to prevent the issue of false and fraudulent ware- 
house receipts, and to give full effect to this article of the constitu- 
tion, which shall be liberally construed so as to protect producers 
and shippers. And the enumeration of the remedies herein named 
shall not be construed to deny to the General Assembly the power to 
describe by law such other and further remedies as may be found 
expedient, or to deprive any person of existing common law 
remedies. 

SEC. 7. The General Assembly shall pass laws for the inspec- 
tion of grain, for the protection of producers, shippers, and receivers 
of grain and produce. 

ARTICLE XIV 

AMENDMENTS TO THE CONSTITUTION 

SECTION i. Whenever two-thirds of the members of each 
house of the General Assembly shall, by a vote entered upon the 
journals thereof, concur that a convention is necessary to revise, 
alter or amend the Constitution, the question shall be submitted to 
the electors at the next general election. If a majority voting at the 
election vote for a convention, the General Assembly shall, at the 



APPENDIX 257 

next session, provide for a convention, to consist of double the 
number of members of the Senate, to be elected in same manner, at 
the same places, and in the same districts. The General Assembly 
shall, in the act of calling the convention, designate the day, hour 
and place of its meeting, fixing the pay of its members and officers, 
and provide for the payment of the same, together with the ex- 
penses necessarily incurred by the convention in the performance of 
its duties. Before proceeding, the members shall take an oath to 
support the Constitution of the United States and of the State of 
Illinois, and to faithfully discharge their duties as members of the 
convention. The qualification of members shall be the same as that 
of members of the Senate, and vacancies occurring shall be filled 
in the manner provided for filling vacancies in the General Assem- 
bly. Said convention shall meet within three months after such elec- 
tion, and prepare such revision, alteration or amendments of the 
Constitution as shall be deemed necessary, which shall be submitted 
to the electors for their ratification or rejection, at an election 
appointed by the convention for that purpose, not less than two nor 
more than six months after the adjournment thereof; and unless so 
submitted and approved, by a majority of the electors voting at the 
election, no such revision, alteration or amendments shall take effect. 
SEC. 2. Amendments to this Constitution may be proposed in 
either house of the General Assembly, and if the same shall be 
voted for by two-thirds of all the members elected to each of the 
two houses, such proposed amendments, together with the yeas and 
nays of each house thereon, shall be entered in full on their respec- 
tive journals, and said amendments shall be submitted to the electors 
of this state for adoption or rejection, at the next election of mem- 
bers of the General Assembly, in such manner as may be prescribed 
by law. The proposed amendments shall be published in full at 
least three months preceding the election, and if a majority of the 
electors voting at said election shall vote for the proposed amend- 
ments, they shall become a part of this Constitution. But the General 
Assembly shall have no power to propose amendments to more than 
one article of this Constitution at the same session, nor to the same 
article oftener than once in 'four years. 

SECTIONS SEPARATELY SUBMITTED 

ILLINOIS CENTRAL RAILROAD 

No contract, obligation or liability whatever, of the Illinois 
Central Railroad Company, to pay any money into the state treasury, 



258 ILLINOIS AND THE NATION 

nor any lien of the state upon, or right to tax property of said com- 
pany, in accordance with the provisions of the charter of said com- 
pany, approved February tenth, in the year of our Lord one thousand 
eight hundred and fifty-one, shall ever be released, suspended, modi- 
fied, altered, remitted, or in any manner diminished or impaired by 
legislative or other authority; and all moneys derived from said 
company, after the payment of the state debt, shall be appropriated 
and set apart for the payment of the ordinary expenses of the state 
government, and for no other purposes whatever. 

MINORITY REPRESENTATION 

(See Sections 7 and 8, Article IV) 

MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORATIONS 

No county, city, town, township, or other municipality shall ever 
become subscriber to the capital stock of any railroad or private 
corporation, or make donation to or loan its credit in aid of such 
corporation : Provided, however, that the adoption of this article 
shall not be construed as affecting the right of any such munici- 
pality to make such subscriptions where the same have been author- 
ized, under existing laws, by a vote of the people of such munici- 
palities prior to such adoption. 

CANAL 

The Illinois and Michigan Canal, or other canal or waterway 
owned by the state, shall never be sold or leased until the specific 
proposition for the sale or lease thereof shall first have been sub- 
mitted to a vote of the people of the state at a general election, and 
have been approved by a majority of all the votes polled at such 
election. The General Assembly shall never loan the credit of the 
state, or make appropriations from the treasury thereof, in aid of 
railroads or canals : Provided, that any surplus earnings of any 
canal, waterway, or water power may be appropriated or pledged 
for its enlargement, maintenance or extension : And, provided, fur- 
ther, that the General Assembly may, by suitable legislation, pro- 
vide for the construction of a deep waterway or canal from the 
present water power plant of the Sanitary District of Chicago, at 
or. near Lockport, in the Township of Lockport, in the County of 
Will, to a point in the Illinois River at or near Utica, which may be 
practical for a general plan and scheme of deep waterway along 
a route, which may be deemed most advantageous for such plan 



APPENDIX 259 

of deep waterway, and for the erection, equipment and maintenance 
of power plants, locks, bridges, dams and appliances sufficient and 
suitable for the development and utilization of the water power 
thereof; and authorize the issue, from time to time, of bonds of 
this state in a total amount not to exceed twenty million dollars, 
which shall draw interest, payable semi-annually, at a rate not to 
exceed four per cent, per annum, the proceeds whereof may be 
applied as the General Assembly may provide, in the construction of 
said waterway and in the erection, equipment, and maintenance of 
said power plants, locks, bridges, dams, and appliances. 

All power developed from said waterway may be leased in part 
or in whole, as the General Assembly may by law provide ; but in 
the event of any lease being so executed, the rental specified 
therein for water power shall be subject to a re- valuation each 
ten years of the term created, and the income therefrom shall be 
paid into the treasury of the state. 

SCHEDULE 

That no inconvenience may arise from the alterations and amend- 
ments made in the Constitution of this state, and to carry the same 
into complete effect, it is hereby ordained and declared: 

SECTION i. That all laws in force at the adoption of this 
Constitution, not inconsistent therewith, and all rights, actions, prose- 
cutions, claims and contracts of the state, individuals, or bodies cor- 
porate, shall continue to be as valid as if this Constitution had not 
been adopted. 

SEC. 2. That all fines, taxes, penalties and forfeitures, due and 
owing to the State of Illinois under the present Constitution and 
laws, shall inure to the use of the people of the State of Illinois, 
under this Constitution. 

SEC. 3. Recognizances, bonds, obligations, and all other instru- 
ments entered into or executed before the adoption of this Constitu- 
tion, to the people of the State of Illinois, to any state or county 
officer or public bod}', shall remain binding and valid ; and rights and 
liabilities upon the same shall continue, and all crimes and mis- 
demeanors shall be tried and punished as though no change had 
been made in the Constitution of this state. 

SEC. 4. County courts for the transaction of county business in 
counties not having adopted township organization, shall continue 
in existence, and exercise their present jurisdiction until the board 
of county commissioners provided in this Constitution, is organized 



260 ILLIN9IS AND THE NATION 

in pursuance of an act of the General Assembly; and the county 
courts in all other counties shall have the same power and juris- 
diction they now possess until otherwise provided by law. 

SEC. 5. All existing courts which are not in this Constitution 
specifically enumerated, shall continue in existence and exercise their 
present jurisdiction until otherwise provided by law. 

SEC. 6. All persons now filling any office or appointment shall 
continue in the exercise of the duties thereof according to their 
respective commissions or appointments, unless by this Constitution 
it is otherwise directed. 

[Sections 7 to 17, inclusive, providing for the submission of this 
Constitution to the people, became inoperative by its adoption, and 
are consequently omitted.] 

SEC. 18. All laws of the State of Illinois, and all official writ- 
ings, and the executive, legislative, and judicial proceedings shall 
be conducted, preserved and published in no other than the English 
language. 

SEC. 19. The General Assembly shall pass all laws necessary to 
carry into effect the provisions of this Constitution. 

SEC. 20. The circuit clerks of the different counties, having a 
population over sixty thousand, shall continue to be recorders {ex- 
officio) for their respective counties, under this Constitution, until 
the expiration of their respective terms. 

SEC. 21. The judges of all courts of record in Cook County 
shall, in lieu of any salary provided for in this Constitution, receive 
the compensation now provided by law until the adjournment of the 
first session of the General Assembly after the adoption of this 
Constitution. 

SEC. 22. The present judge of the circuit court of Cook County 
shall continue to hold the circuit court of Lake County until other- 
wise provided by law. 

SEC. 23. When this Constitution shall be adopted, and take 
effect as the supreme law of the State of Illinois, the two-mill tax 
provided to be annually assessed and collected upon each dollar's 
worth of taxable property, in addition to all other taxes, as set forth 
in article fifteen of the now existing Constitution, shall cease to be 
assessed after the year of our Lord one thousand eight hundred and 
seventy. 

SEC. 24. Nothing contained in this Constitution shall be con- 
strued as to deprive the General Assembly of power to authorize the 
City of Quincy to create any indebtedness for railroad or municipal 



APPENDIX 261 

purposes for which the people of said city shall have voted, and to 
which they shall have given, by such vote, their assent, prior to the 
thirteenth day of December, in the year of our Lord one thousand 
eight hundred and sixty-nine : Provided, that no such indebtedness, 
so created, shall, in any part thereof, be paid by the state, or from 
any state revenue tax or fund, but the same shall be paid, if at 
all, by the said City of Quincy alone, and by taxes to be levied upon 
the taxable property thereof : And provided, further, that the Gen- 
eral Assembly shall have no power in the premises that it could not 
exercise under the present Constitution of this State. 

SEC. 25. In case this Constitution and the articles and sections 
submitted separately, be adopted, the existing Constitution shall cease 
in all its provisions ; and in case this Constitution be adopted, and 
any one or more of the articles or sections submitted separately be 
defeated, the provisions of the existing Constitution, if any. on the 
same subject, shall remain in force. 

SEC. 26. The provisions of this Constitution required to be exe- 
cuted prior to the adoption or rejection thereof, shall take effect and 
be in force immediately. 

CONVICT LABOR 

Hereafter, it shall be unlawful for the commissioners of any 
penitentiary, or other reformatory institution in the State of Illinois, 
to let by contract to any person or persons, or corporations, the labor 
of any convict confined within said institution. 



CONSTITUTION OF THE UNITED STATES 



PREAMBLE 

We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquility, provide 
for the common defense, promote the general welfare, and secure 
the blessings of liberty to ourselves and our posterity, do ordain and 
establish this Constitution for the United States of America. 



ARTICLE I 

THE LEGISLATIVE POWER 

SECTION I. All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall consist of a 
Senate and House of Representatives. 

THE HOUSE OF REPRESENTATIVES 

SEC. 2. The House of Representatives shall be composed of 
members chosen every second year by the people of the several 
states, and the electors in each state shall have the qualifications 
requisite for electors of the most numerous branch of the state 
legislature. 

No person shall be a Representative who shall not have attained 
to the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of 
that state in which he shall be chosen. 

Representatives and direct taxes shall be apportioned among the 
several states which may be included within this Union, according 
to their respective numbers, which shall be determined by adding 
to the whole number of free persons, including those bound to serv- 
ice for a term of years, and excluding Indians not taxed, three- 
fifths of all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress of the 

262 



APPENDIX 263 

United States, and within every subsequent term of ten years, in 
such manner as they shall by law direct. The number of Repre- 
sentatives shall not exceed one for every thirty thousand, but each 
state shall have at least one Representative ; and, until such enumera- 
tion shall be made, the State of New Hampshire shall be entitled to 
choose three, Massachusetts eight, Rhode Island and Providence 
Plantations one, Connecticut five, New York six, New Jersey four, 
Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North 
Carolina five, South Carolina five, and Georgia three. 

When vacancies happen in the representation from any state, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

The House of Representatives shall choose their speaker and 
other officers; and shall have the sole power of impeachment. 

THE SENATE 

SEC. 3. The Senate of the United States shall be composed 
of two Senators from each state, chosen by the legislature thereof, 
for six years ; and each Senator shall have one vote. 

Immediately after they shall be assembled in consequence of the 
first election, they shall be divided as equally as may be into three 
classes. The seats of the Senators of the first class shall be vacated 
at the expiration of the second year, of the second class at the ex- 
piration of the fourth year, and of the third class at the expiration 
of the sixth year, so that one-third may be chosen every second 
year ; and if the vacancies happen by resignation, or otherwise, dur- 
ing the recess of the legislature of any state, the executive thereof 
may make temporary appointments until the next meeting of the 
legislature, which shall then fill such vacancies. 

No person shall be a Senator who shall not have attained to the 
age of thirty years, and been nine years a citizen of the United 
States, and who shall not. when elected, be an inhabitant of that 
state for which he shall be chosen. 

The Vice-President of the United States shall be President of 
the Senate, but shall have no vote, unless they shall be equally 
divided. 

The Senate shall choose their other officers, and shall have a 
president pro tempore, in the absence of the Vice-President, or 
when he shall exercise the office of President of the United States. 

The Senate shall have the sole power to try all impeachments. 



264 ILLINOIS AND THE NATION 

When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice 
shall preside; and no person shall be convicted without the concur- 
rence of two-thirds of the members present. 

Judgment in cases of impeachment shall not extend further than 
to removal from office, and disqualification to hold and enjoy any 
office of honor, trust, or profit under the United States; but the 
party convicted shall nevertheless be liable and subject to indictment, 
trial, judgment and punishment according to law. 

MANNER OF ELECTING MEMBERS 

SEC. 4. The times, places, and manner of holding elections 
for Senators and Representatives, shall be prescribed in each state 
by the legislature thereof; but the Congress may at any time, by 
law, make or alter such regulations, except as to the places of choos- 
ing Senators. 

CONGRESS TO ASSEMBLE ANNUALLY 

The Congress shall assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

POWERS 

SEC. 5. Each house shall be the judge of the elections, returns 
and qualifications of its own members, and a majority of each shall 
constitute a quorum to do business ; but a smaller number may 
adjourn from day to day, and may be authorized to compel the 
attendance of absent members, in such manner, and under such 
penalties, as each house may provide. 

Each house may determine the rules of its proceedings, punish 
its members for disorderly behavior, and, with the concurrence of 
two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may, in their 
judgment, require secrecy; and the yeas and nays of the members 
of either house on any question shall, at the desire of one-fifth of 
those present, be entered on the journal. 

Neither house, during the session of Congress, shall, without 
consent of the other, adjourn for more than three days, nor to any 
other place than that in which the two houses shall be sitting. 



APPENDIX 265 

COMPENSATION OF MEMBERS 

SEC. 6. The Senators and Representatives shall receive a com- 
pensation, for their services, to be ascertained by law, and paid out 
of the Treasury of the United States. They shall in all cases, 
except treason, felony and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from tflte same; and for any 
speech or debate in either house, they shall not be questioned in 
any other place. 

No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
of the United States, which shall have been created, or the emolu- 
ments whereof shall have been increased during such time; and no 
person holding any office under the United States, shall be a mem- 
ber of either house during his continuance in office. 

MANNER OF PASSING BILLS 

SEC. 7. All bills for raising revenue shall originate in the 
House of Representatives ; but the Senate may propose or concur 
with amendments as on other bills. 

Every bill which shall have passed the House of Representatives 
and the Senate, shall, before it becomes a law, be presented to the 
President of the United States ; if he approve, he shall sign it, but 
if not, he shall return it, with his objections, to that house in which 
it shall have originated, who shall enter the objections at large on 
their journal, and proceed to reconsider it. If, after such reconsid- 
eration, two-thirds of that house shall agree to pass the bill, it shall 
be sent, together with the objections, to the other house, by which 
it shall likewise be reconsidered, and if approved by two-thirds of 
that house, it shall become a law. But in all such cases the votes 
of both houses shall be determined by yeas and nays, and the names 
of the persons voting for and against the bill shall be entered on the 
journal of each house respectively. If any bill shall not be returned 
by the President within ten days (Sundays excepted) after it shall 
have been presented to him, the same shall be a law, in like manner 
as if he had signed it, unless the Congress by their adjournment 
prevents its return, in which case it shall not be a law. 

Every order, resolution or vote, to which the concurrence of the 
Senate and House of Representatives may be necessary (except on 
a question of adjournment), shall be presented to the President of 
the United States; and before the same shall take effect, shall be 



266 ILLINOIS AND THE NATION 

approved by him, or being disapproved by him, shall be repassed by 
two-thirds of the Senate and House of Representatives, according 
to the rules and limitations prescribed in the case of a bill. 

POWER OF CONGRESS 

SEC. 8. The Congress shall have power to lay and collect taxes, 
duties, imposts and excises, to pay the debts and provide for the 
common defense and general welfare of the United States; but all 
duties, imposts and excises shall be uniform throughout the United 
States ; 

To borrow money on the credit of the United States; 

To regulate commerce with foreign nations, and among the sev- 
eral states, and with the Indian tribes; 

To establish an uniform rule of naturalization, and uniform laws 
on the subject of bankruptcies throughout the United States; 

To coin money, regulate the value thereof, and of foreign coin, 
and fix the standard of weights and measures; 

To provide for the punishment of counterfeiting the securities 
and current coin of the United States; 

To establish post offices and post roads ; 

To promote the progress of science and useful arts, by securing 
for limited times to authors and inventors the exclusive right to 
their respective writings and discoveries ; 

To constitute tribunals inferior to the supreme court ; 

To define and punish piracies and felonies committed on the 
high seas, and offenses against the law of nations; 

To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; 

To raise and support armies, but no appropriation of money to 
that use shall be for a longer term than two years ; 

To provide and maintain a navy; 

To make rules for the government and regulation of the land 
and naval forces; 

To provide for calling forth the militia to execute the laws of 
the Union, suppress insurrections, and repel invasions ; 

To provide for organizing, arming, and disciplining the militia, 
and for governing such part of them as may be employed in the 
service of the United States, reserving to the states respectively the 
appointment of the officers, and the authority of training the militia 
according to the discipline prescribed by Congress; 

To exercise exclusive legislation in all cases whatsoever, over 



APPENDIX 267 

such district (not exceeding ten miles square) as may, by cession 
of particular states, and the acceptance of Congress, become the 
seat of the government of the United States, and to exercise like 
authority over all places purchased by the consent of the legislature 
of the state in which the same shall be, for the erection .of forts, 
magazines, arsenals, dockyards, .and other needful buildings ; and 

To make all laws which shall be necessary and proper for carry- 
ing into execution the foregoing powers, and all other powers 
vested by this constitution in the government of the United States, 
or in any department or officer thereof. 

LIMITATION OF THE POWER OF CONGRESS 

SEC. 9. The migration or importation of such persons as any 
of the states now existing shall think proper to admit, shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such im- 
portation, not exceeding ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation, or other direct tax shall be laid, unless in pro- 
portion to the census or enumeration hereinbefore directed to be 
taken. 

No tax or duty shall be laid on articles exported from any state. 

No preference shall be given by any regulation of commerce of 
revenue to the ports of one state over those of another; nor shall 
vessels bound to, or from, one state, be obliged to enter, clear or pay 
duties in another. 

Xo money shall be drawn from the treasury, but in consequence 
of appropriations made by law ; and a regular statement and account 
of the receipts and expenditures of all public money shall be pub- 
lished from time to time. 

No title of nobility shall be granted by the United States; and 
no person holding any office of profit or trust under them shall, 
without the consent of the Congress, accept of any present, emolu- 
ment, office or title, of any kind whatever, from any king, prince or 
foreign state. 

LIMITATIONS OF THE POWERS OF THE INDIVIDUAL STATES 

SEC. 10. No state shall enter into any treaty, alliance, or con- 



268 ILLINOIS AND THE NATION 

federation; grant letters of marque or reprisal; coin money; emit 
bills of credit; make anything but gold and silver coin a tender in 
payment of debts; pass any bill of attainder, ex post facto law, or 
law impairing the obligation of contracts or grant any title of 
nobility. 

No state shall, without the consent of the Congress, lay any im- 
posts or duties on imports or exports, except what may be abso- 
lutely necessary for executing its inspection laws ; and the net pro- 
duce of all duties and imposts, laid by any state on imports or 
exports, shall be for the use of the Treasury of the United States ; 
and all such laws shall be subject to the revision and control of the 
Congress. 

No state shall, without the consent of Congress, lay any duty of 
tonnage, keep troops, or ships of war in time of peace, enter into 
any agreement or compact with another state, or with a foreign 
power, or engage in war, unless actually invaded, or in such immi- 
nent danger as will not admit of delay. 

ARTICLE II 

EXECUTIVE POWER 

SECTION I. The executive power shall be vested in a Presi- 
dent of the United States of America. He shall hold his office 
during the term of four years, and together with the Vice-Presi- 
dent, chosen for the same term, be elected as follows: 

MANNER OF ELECTING 

Each state shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole num- 
ber of Senators and Representatives to which the state may be 
entitled in the Congress ; but no Senator or Representatives, or 
person holding an office of trust or profit under the United States, 
shall be appointed an elector. 

(The following provisions were changed by the 12th amend- 
ment.) 

The electors shall meet in their respective states, and vote by 
ballot for two persons, of whom one at least shall not be an inhabit- 
ant of the same state as themselves. And they shall make a list of 
all the persons voted for, and of the number of votes for each; 
which list they shall sign and certify, and transmit sealed to the 
seat of the government of the United States, directed to the presi- 



APPENDIX 269 

dent of the Senate. The president of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person having 
the greatest number of votes shall be the President, if such number 
be a majority of the whole number of electors appointed; and if 
there be more than one who have such majority, and have an equal 
number of votes, then the House of Representatives shall imme- 
diately chose by ballot one of them for President ; and if no person 
have a majority, then from the five highest on the list the said 
House shall in like manner choose the President. But in choosing 
the President, the votes shall be taken by states, the representation 
from each state having one vote ; a quorum for this purpose shall 
consist of a member or members from two-thirds of the states, 
and a majority of all the states shall be necessary to a choice. In 
every case, after the choice of the President, the person having 
the greatest number of votes of the electors shall be the Vice-Presi- 
dent. But if there should remain two or more who have equal 
votes, the Senate shall choose from them, by ballot, the Vice- 
President. 

TIME OF CHOOSING ELECTORS 

The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes ; which day shall be 
the same throughout the United States. 

WHO ELIGIBLE 

Xo person except a natural born citizen, or a citizen of the 
United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President; neither shall any person 
be eligible to that office who shall not have attained the age of 
thirty-five years, and been fourteen years a resident within the 
United States. 



WHEN THE PRESIDENT S POWER DEVOLVES ON THE VICE-PRESIDENT 

In case of the removal of the President from office, or of his 
death, resignation or inability to discharge the powers and duties of 
the said office, the same shall devolve on the Vice-President, and 
the Congress may by law provide for the case of removal, death, 
resignation or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer 



270 ILLINOIS AND THE NATION 

shall act accordingly until the disability be removed, or a President 
shall be elected. 

president's compensation 

The President shall, at stated times, receive for his services a 
compensation which shall neither be increased nor diminished during 
the period for which he shall have been elected, and he shall not 
receive within that period any other emolument from the United 
States, or any of them. 

OATH 

Before he enter on the execution of his office, he shall take the 
following oath or affirmation : "I do solemnly swear (or affirm) 
that I will faithfully execute the office of President of the United 
States, and will, to the best of my ability, preserve, protect and de- 
fend the Constitution of the United States." 

POWERS AND DUTIES 

SEC. 2. The President shall be Commander-in-Chief of the 
army and navy of the United States, and of the militia of the 
several states when called into the actual service of the United 
States; he may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon any subject relat- 
ing to the duties of their respective offices, and he shall have power 
to grant reprieves and pardons for offenses against the United 
States, except in cases of impeachment. 

He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators present 
concur ; and he shall nominate, and by and with the advice and con- 
sent of the Senate, shall appoint ambassadors, other public min- 
isters and consuls, judges of the supreme court, and all other 
officers of the United States, whose appointments are not herein 
otherwise provided for, and which shall be established by law; but 
the Congress may by law vest the appointment of such inferior 
officers, as they think proper, in the President alone, in the courts of 
law, or in the heads of departments. 

The President shall have power to fill up all vacancies that may 
happen during the recess of the Senate, by granting commissions 
which shall expire at the end of their next session. 

SEC. 3. He shall, from time to time, give to the Congress 
information of the state of the Union, and recommend to their 
consideration such measures as he shall judge necessary and expe- 



APPENDIX 271 

dient ; he may, on extraordinary occasions, convene both houses 
or either of them, and in case of disagreement between them, with 
respect to the time of adjournment, he may adjourn them to such 
time as he shall think proper; he shall receive ambassadors and 
other public ministers ; he shall take care that the laws be faithfully 
executed, and shall commission all the officers of the United States. 

OFFICERS REMOVED 

SEC. 4. The President, Vice-President, and all civil officers of 
the United States, shall be removed from office, on impeachment for, 
and conviction of, treason, bribery, or other high crimes and misde- 
meanors. 

ARTICLE III 

THE JUDICIARY 

SECTION I. The judicial power of the United States shall be 
vested in one supreme court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The judges, 
both of the supreme and inferior courts, shall hold their offices 
during good behavior, and shall, at stated times, receive for their 
services a compensation which shall not be diminished during their 
continuance in office. 

(The following provision was altered by the nth Amendment.) 
SEC. 2. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; to all cases affecting ambassadors, other public ministers 
and consuls; to all cases of admiralty and maritime jurisdiction, to 
controversies to which the United States shall be a party; to con- 
troversies between two or more states, between a state and citizens 
of another state ; between citizens of different states ; between citi- 
zens of the same state claiming lands under grants of different 
states, and between a state, or the citizens thereof, and foreign 
states, citizens or subjects. 

JURISDICTION OF SUPREME COURT 

In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a state shall be a party, the supreme 
court shall have original jurisdiction. In all the other cases be- 
fore mentioned, the supreme court shall have appellate jurisdiction 
both as to law and fact, with such exceptions and under such regu- 
lations as the Congress shall make. 



272 ILLINOIS AND THE NATION 

TRIALS FOR CRIMES 

The trial of all crimes, except in cases of impeachment, shall be 
by jury; and such trial shall be held in the state where the said 
crimes shall have been committed; but when not committed within 
any state, the trial shall be at such place or places as the Congress 
may by law have directed. 

TREASON 

SEC. 3. Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, giving 
them aid and comfort. 

No person shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or on confession in open 
court. 

The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, 
or forfeiture, except during the life of the person attainted. 

ARTICLE IV 

STATE ACTS 

SECTION I. Full faith and credit shall be given in each state 
to the public acts, records and judicial proceedings of every other 
state. And the Congress may, by general laws, prescribe the 
manner in which such acts, records and proceedings shall be proved, 
and the effect thereof. 

PRIVILEGES OF CITIZENS 

SEC. 2. The citizens of each state shall be entitled to all priv- 
ileges and immunities of citizens in the several states. 

A person charged in any state with treason, felony, or other 
crime, who shall flee from justice, and be found in another state, 
shall, on demand of the executive authority of the state from which 
he fled, be delivered up to be removed to the state having jurisdic- 
tion of the crime. 

RUNAWAYS TO BE DELIVERED UP 

No person held to service or labor in one state, under the laws 
thereof, escaping into another, shall, in consequence of any law or 
regulation thereof, be discharged from such service or labor, but 
shall be delivered upon claim of the party to whom such service or 
labor may be due. 



APPENDIX 273 

NEW STATES 

SEC. 3. New states may be admitted by the Congress into this 
union; but no new state shall be formed or erected within the 
jurisdiction of any other state; nor any state be formed by the 
junction of two or more states, or parts of states, without the 
consent of the states concerned as well as of the Congress. 

TERRITORIAL AND OTHER PROPERTY 

The Congress shall have power to dispose of, and make all need- 
ful rules and regulations respecting the territory, or this property 
belonging to the United States ; and nothing in this Constitution 
shall be so construed as to prejudice any claims of the United States, 
or of any particular state. 

SEC. 4. The United States shall guarantee to every state in 
this union a republican form of government, and shall protect each 
of them against invasion; and, on application of the legislature, or 
of the executive (when the legislature cannot be convened) against 
domestic violence. 

ARTICLE V 

AMENDMENTS 

The Congress, whenever two-thirds of both houses shall deem it 
necessary, shall propose amendments to this Constitution ; or, on 
the application of the legislatures of two-thirds of the several 
states, shall call a convention for proposing amendments, which, in 
either case, shall be valid to all intents and purposes, as part of 
this Constitution, when ratified by the legislatures of three-fourths of 
the several states, or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be proposed by Congress ; 
Provided, that no amendment which may be made prior to the year 
one thousand eight hundred and eight, shall in any manner affect 
the first and fourth clauses in the ninth section of the first article ; 
and that no state, without its consent, shall be deprived of its equal 
suffrage in the Senate. 

ARTICLE VI 

DEBTS 

All debts contracted, and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution as under the Confederation. 



274 ILLINOIS AND THE NATION 

SUPREME LAW OF THE LAND 

This Constitution, and the laws of the United States which shall 
be made in pursuance thereof, and all treaties made, or which shall 
be made, under the authority of the United States, shall be the su- 
preme law of the land; and the judges in every state shall be bound 
thereby, anything in the constitution or laws of any state to the 
contrary notwithstanding. 

OATH — NO RELIGIOUS TEST 

The Senators and Representatives before mentioned, and the 
members of the several state legislatures, and all executive and 
judicial officers, both of the United States and of the several states, 
shall be bound by oath or affirmation to support this Constitution; 
but no religious test shall ever be required as a qualification to any 
office, or public trust, under the United States. 

ARTICLE VII 
The ratifications of the conventions of nine states shall be suffi- 
cient for the establishment of this Constitution between the states 
so ratifying the same. 

Done in convention, by the unanimous consent of the states pres- 
ent, the seventeenth day of September, in the year of our 
Lord one thousand seven hundred and eighty-seven, and of 
the independence of the United States of America the twelfth. 
In witness whereof we have hereunto subscribed our names. 
GEORGE WASHINGTON, 
President and Deputy from Virginia. 

New Hampshire — John Langdon, Nicholas Gilman. Massachu- 
setts — Nathaniel Gorman, Rufus King. Connecticut — William 
Samuel Johnson, Roger Sherman. New York — Alexander Hamilton, 
New Jersey — William Livingston, David Brearley, William Patter- 
son, Jonathan Dayton. Pennsylvania — Benjamin Franklin, Thomas 
Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared 
Ingersoll, James Wilson, Gouverneur Morris. Dclazvare — George 
Read, Gunning Bedford, Jr., John Dickinson, Richard Bassett, Jacob 
Broom. Maryland — James M'Henry, Daniel of St. Tho. Jenifer, 
Daniel Carroll. Virginia — John Blair, James Madison, Jr. North 
Carolina — William Blount, Richard Spaight, Hugh Williamson. 
South Carolina — John Rutledge, C. Coatesworth Pinckney, Charles 
Pinckney, Pierce Butler. Georgia — William Few, Abraham Baldwin. 

Attest: William Jackson, Secretary. 



APPENDIX 275 

AMENDMENTS TO THE CONSTITUTION 

[The first ten amendments were proposed by Congress at their 
first session, in 1789, and ratified by the states in 1791.] 

I 

FREE EXERCISE OF RELIGION 

Congress shall make no law respecting an establishment of re- 
ligion, or prohibiting a free exercise thereof; or abridging the free- 
dom of speech, or of the press ; or the right of the people peaceably 
to assemble, and to petition the government for a redress of griev- 
ances. 

II 

RIGHT TO BEAR ARMS 

A well-regulated militia being necessary to the security of a free 
state, the right of the people to keep and bear arms shall not be in- 
fringed. 

Ill 

QUARTERING OF SOLDIERS 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner; nor in time of war, but in a 
manner to be prescribed by law. 

IV 

UNREASONABLE SEARCHES PROHIBITED 

The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall 
not be violated ; and no warrants shall issue but upon probable 
cause, supported by oath or affirmation, and particularly describing 
the place to be searched, and the persons or things to be seized. 

V 

CRIMINAL PROCEEDINGS 

No person shall be held to answer for a capital or otherwise in- 
famous crime, unless on a presentation or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service, in time of war or public danger; nor 



276 ILLINOIS AND THE NATION 

shall any person be subject for the same offense to' be put twice in 
jeopardy of life or limb; nor shall be compelled, in any criminal 
case, to be a witness against himself ; nor be deprived of life, liberty 
or property, without due process of law; nor shall private property 
be taken for public use without just compensation. 

VI 

MODE OF TRIAL 

In all criminal prosecutions the accused shall enjoy the right to a 
speedy and public trial, by an impartial jury of the state and dis- 
trict wherein the crime shall have been committed, which district 
shall have been previously ascertained by law, and to be informed 
of the nature and cause of the accusation; to be confronted with the 
witnesses against him; to have compulsory process for obtaining 
witnesses in his favor ; and to have the assistance of counsel for his 
defense. 

VII 

RIGHT OF TRIAL BY JURY 

In suits of common law, where the value in controversy shall ex- 
ceed twenty dollars, the right of trial by jury shall be preserved; 
and no fact tried by jury shall be otherwise re-examined in any 
court of the United States than according to the rules of the com- 
mon law. 

VIII 

BAIL AND FINES 

Excessive bail shall not be required, nor excessive fines imposed 
nor cruel and unusual punishments inflicted. 

IX 

RIGHTS NOT ENUMERATED 

The enumeration in the Constitution of certain rights, shall not 
be construed to deny or disparage others retained by the people. 

X 

POWERS RESERVED 

The powers not delegated to the United States by the Consti- 
tution, nor prohibited by it to the states, are reserved to the states 
respectively or to the people. 



APPENDIX 277 

XI 
[Ratified in 1798] 

LIMITATION OF JUDICIAL POWERS 

The judicial power of the United States shall not be construed 
to extend to any suit in law of equity commenced or prosecuted 
against one of the United States by citizens of another state, or 
by citizens or subjects of any foreign state. 

XII 

[Ratified in 1804] 

ELECTION OF PRESIDENT 

The electors shall meet in their respective states, and vote by 
ballot for President and Vice-President, one of whom, at least, shall 
not be an inhabitant of the same state with themselves ; they shall 
name in their ballots the person voted for as President, and in dis- 
tinct ballots the person voted for as Vice-President; and they shall 
make distinct lists of all persons voted for as President, and of all 
persons voted for as Vice-President, and of the number of votes for 
each, which list they shall sign and certify, and transmit sealed to 
the seat of the government of the United States, directed to the 
president of the Senate. The president of the Senate shall in the 
presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person having 
the greatest number of votes for President shall be the President, if 
such number be a majority of the whole number of electors ap- 
pointed; and if no person have such a majority, then from the 
persons having the highest numbers, not exceeding three, on the 
list of those voted for as President, the House of Representatives 
shall choose immediately, by ballot, the President. But in choosing 
the President, the vote shall be taken by states, the representation 
from each state having one vote. A quorum for this purpose shall 
consist of a member or members from two-thirds of the states and 
a majority of all the states shall be necessary to a choice. And if 
the House of Representatives shall not choose a President, whenever 
the right of choice shall devolve upon them, before the fourth 
day of March next following, then the Vice-President shall act as 
President, as in the case of death or other constitutional disability 
of the President. 



278 ILLINOIS AND THE NATION 

The ^person having the greatest number of votes as Vice-Presi- 
dent shall be the Vice-President, if such number be a majority of 
the whole number of electors appointed ; and if no person have 
a majority, then from the two highest numbers on the list, the 
Senate shall choose the Vice-President. A quorum for that purpose 
shall consist of two-thirds of the whole number of Senators, and 
a majority of the whole number shall be necessary to a choice. 

But no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United States. 

XIII 
[Ratified in 1865] 

SLAVERY 

SECTION 1. Neither slavery nor involuntary servitude, except 
as a punishment for crime, whereof the party shall have been duly 
convicted, shall exist within the United States, or any place subject 
to their jurisdiction. 

SEC. 2. Congress shall have power to enforce this article by 
appropriate legislation. 

XIV 
[Ratified in 1868] 

CITIZENSHIP 

SECTION I. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of the 
United States, and of the state wherein they reside. No state shall 
make or enforce any law which shall abridge the privileges and 
immunities of citizens of the United States. Nor shall any state 
deprive any person of life, liberty or property, without due process 
of law, nor deny to any person within its jurisdiction the equal 
protection of the laws. 

SEC. 2. Representatives shall be apportioned among the several 
states according to their respective numbers, counting the whole 
number of persons in each state, excluding Indians not taxed; but 
whenever the right to vote at any election of electors for President 
and Vice-President of the United States, Representative in Con- 
gress, executive and judicial officers of a state, or the members of 
the legislature thereof, is denied to any of the male inhabitants of 
such state, being twenty-one years of age and citizens of the United 
States, or in any way abridged, except for participation in rebellion 



APPENDIX 279 

or other crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens shall bear 
to the whole number of male citizens twenty-one years of age in 
that state. 

SEC. 3. No person shall be a Senator or Representative in 
Congress, elector of President and Vice-President, or hold any 
office, civil or military, under the United States, or under any state, 
who, having previously taken an oath as a member of Congress, or 
as an officer of the United States, or as a member of any state 
legislature, or as an executive or judicial officer of any state, to 
support the Constituton of the United States, shall have engaged in 
insurrection or rebellion against the same, or given aid or comfort 
to the enemies thereof ; but Congress may by a vote of two-thirds 
of each House, remove such disability. 

SEC. 4. The validity of the public debt of the United States 
authorized by law, including debts incurred for the payment of 
pensions and bounties for service in suppressing insurrection or 
rebellion, shall not be questioned ; but neither the United States nor 
any state shall assume to pay any debt or obligation incurred in 
aid of insurrection or rebellion against the United States, or any 
claim for the loss or emancipation of any slave, but all such debts, 
obligations, and claims shall be illegal and void. 

SEC. 5. The Congress shall have power to enforce, by appro- 
priate legislation, the provisions of this article. 

XV 
[Ratified in 1870] 

RIGHT TO VOTE 

SECTION 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any state, 
on account of race, color, or previous condition of servitude. 

SEC. 2. Congress shall have power to enforce this article by 
appropriate legislation. 

XVI 

[Ratified in 1913] 

INCOME TAX 

The Congress shall have power to lay and collect taxes on in- 
comes, from whatever source derived, without apportionment among 
the several states, and without regard to any census or enumeration. 



280 ILLINOIS AND THE NATION 

XVII 
[Ratified in 1913] 

DIRECT ELECTION OF SENATORS 

SECTION 1. The Senate of the United States shall be com- 
posed of two Senators from each state, elected by the people thereof 
for six years, and each Senator shall have one vote. The electors 
in each state shall have the qualifications requisite for electors 
of the most numerous branch of the state legislatures. 

SEC. 2. When vacancies happen in the representation of any 
state in the Senate the executive authority of such state shall issue 
writs of election to fill such vacancies : Provided, that the legisla- 
ture of any state may empower the executive thereof to make tem- 
porary appointments until the people fill the vacancies by election 
as the legislature may direct. 

SEC. 3. This amendment shall not be so construed as to affect 
the election or term of any Senator chosen before it becomes valid 
as part of the Constitution. 



INDEX 



INDEX 



Administration, Board of, 191 
Admission of States, 175 
Advisory Vote on President, 150 
Agriculture, Department of, 163 
Agriculture, State Board of, 190 
Aldermen, 79 
Alliances of States, 174 
Ambassadors, 159 
Amendments to the Constitution, 

176, 275 
Anti-trust Law, 133 
Apiaries, State Inspector of, 204 
Appellate Courts, 43 
Appointment, Board of, 75 
Appointments, Presidential, 153 
Arbitration, State Board of, 200 
Architect, State, 203 
Architects, Board of Examiners 

of, 202 
Army, United States, 138 
Art Commission, State, 196 
Articles of Confederation, 116 
Assessor, 73 

Attendance, Compulsory, 104 
Attorney-General of the United 

States, 162 
Attorney-General, State, 41 
Auditor, State, 39 
Australian System, 67 

B 

Bankruptcy, 135 

Barbers, Board of Examiners, 202 

Base Line, 4 

Board of Appointment, 75 

Board of Arbitration, State, 200 

Board of County Commissioners, 

57 
Board of Examiners of Architects, 

202 



Board of Health, 76, 199 
Board of Pharmacy, 199 
Board of Review, 74 
Board of Supervisors, 54 
Board of Town Auditors, 
Boards of Education, 105 
Boundary of Illinois, 2 



76 



Cabinet, President's, 164 

Canal Commissioners, 200 

Canvassing Board, 188 

Capitals of Illinois, 2 

Certificates, State, 92 

Charitable Institutions, State, 108, 
183 

Charities Commissions, 198 

Circuit Courts of Appeal, 170 

Circuit Courts, State, 44 

Circuits, Judicial, 171, 208, 214 

Cities, 53 

Citizenship, 105, 172 

City and Village Government, 79- 
89; Aldermen, 79; Attorney, 82; 
Cities under General Law, 79; 
Cities under Special Charters, 
79; Clerk, 81; Comptroller, 82; 
Corporation Counsel, 82; Coun- 
cil, 79; Courts, 82; Marshal, 83; 
Mayor, 80; Policemen, 83; Sal- 
ary of Aldermen, 80; Superin- 
tendent of Streets, 82; Taxes, 
80; Treasurer, 81; Wards, 79. 

Civics, 105 

Civil Rights, 144, 175 

Civil Service, 155 

Civil Service Commission, State, 
194 

Coal Mines, Inspectors of, 203 

Coasting Trade, 144 

Coining Money, 135 



283 



284 



INDEX 



Collector, 74 

Commerce, 132 

Commerce, Department of, 163 

Commission Form of Municipal 
Government, 84-89; Abandon- 
ment of Commission Form, 89; 
Council, 85; Election, 84; Execu- 
tive Department, 86; Initiative, 
87; Nomination, 84; Officers, 84; 
Organization, 84; Recall, 88; 
Referendum, 87; Salaries, 86 

Commissioner of Deeds, 205 

Commissioners of Labor, 197 

Commissioners of State Contracts, 
189 

Commissioners of State Library, 
189 

Commutations, 37 

Compulsory Attendance, 104 

Congress, 118; Adjournments, 127; 
Apportionments, 120; Bills for 
Revenue, 122; Commerce, 132; 
Disabilities, 128; Duties, 129, 
143, 175; Eligibility, 119, 124; 
Impeachment, 122, 125; Jour- 
nals, 127; Meetings, 126; Mem- 
bership, 126; Oath, 128; Officers, 
122, 124; Powers, 128, 140; Priv- 
ileges, 127; Quorum, 126; Rules, 
127; Salaries, 127; Taxes, 129, 
143; Vacancies. 121; Yeas and 
Nays, 127 

Congressional Apportionment, 120 

Congressional Districts, 120, 208, 
212 

Congressional Township, 5, 49 

Congressmen at Large, 120 

Constables, 78 

Constitution of Illinois, 217 

Constitution of the United States, 
262 

Constitutional Convention, 206 

Consuls, 159 

Contracts, State, 31 

Conventions, National, 149 

Cook County Commissioners, 57 

Cook County Courts, 46 

Copyrights, 137 

Coroner, 64 

Corporation Counsel, 82 

Correction Lines, 6 



Counterfeiting, 136 

Counties, 49, 208, 211 

Counties, Population of, 211 

County Boundaries, 211 

County Commissioners, Board of, 
57 

County Government, 54-65; Clerk, 
58; Commissioners, 57; Coroner, 
64; Court, 61; Executive De- 
partment, 57; Judicial Depart- 
ment, 61; Legislative Depart- 
ment, 54; Recorder, 59; Seat, 54; 
Superintendent of Highways, 
60; Superintendent of Schools, 
94; Surveyor, 60; Tax, 55; Treas- 
urer, 59 

County Organization, 52 

Court of Claims, State, 44 

Court of Claims, United States, 
172 

Cruelty to Animals, Officers for 
Prevention of, 205 



Deeds, Commissioner of, 205 
Dental Examiners, State Board of, 

202 
Department of Agriculture, 163 
Department of Commerce, 163 
Department of Justice, 162 
Department of Labor, 164 
Department of State, 158 
Department of the Interior, 163 
Department of the Navy, 162 
Department of War, 161 
Deportation Agent, State, 192 
Diplomatic Bureau, 158 
Direct Taxes, 143 
District Courts, 171, 208 
District of Columbia, 139 
Districts, Congressional, 208, 212 
Districts, Judicial, 171, 208 
Districts, Senatorial, 14, 208, 213 
Divisions of Sections, 10 
Divisions of the State, 49, 53 
Domestic Bureau, 160 
Double Corners, 7 
Drainage, 33 
Duties, 129, 143, 175 



TXDEX 



285 



Education, 90-107, 181 
Education, Boards of, 105 
Educational Institutions, State. 

108, 181 
Electoral Count Bill, 147 
Electoral Districts, 208, 212, 213 
Electoral System, 149 
Engineer, Supervising. 192 
Entomologist, State, 205 
Envoys, 159 

Equalization, State Board of. 190 
Ex Post Facto Laws, 143 
Examining Board, 97 
Executive Department, National. 

145 
Executive Department, State. 33 
Exemption Laws, 33 
Exports, Duty on, 143 



Factory Inspector, State, 203 
Farmers' Institute, 183 
Fire Marshal, State, 115, 204 
Fish and Game Conservation 

Commission, 193 
Fish Culturist, 194 
Food Commissioner, State. 115, 

203 



Game and Fish Conservation 
Commission, 193 

General Assembly, 13-33; Adjourn, 
ment. 23; Bills, 24; Committees, 
19; Contempt. 22; Disabilities of 
members, 17; Election of Mem- 
bers, 14; Eligibility of Members, 
16; Expulsion of Members. 22; 
Extra Pay, 30; Impeachment, 
30; Journals. 23: Membership. 
18; Oath of Members, 16; Offi- 
cers. 19; Organization, 22; Presi- 
dent of Senate. 20: Privileges of 
Members. 17; Quorum. IS; 
Rules. 18: Salary of Members. 
17; Speaker, 19; Term of Mem- 
bers. 16; Time and Place of 
Meeting. 14; Vacancies. 15; Yeas 
and Nays, 23 



Geological Commission, State, 190 

Geologist, State, 189 

Governor, 33-37; Appointment of 
Officers. 36; Command of Mili- 
tia. 37; Election. 34; Eligibility. 
35; Executive Power. 36; Im- 
peachment, 31; Message, 36; 
Oath. 35; Pardons. 37; Removal 
of Officers, 37; Reprieves, 37; 
Residence. 34; Salarj 7 , 37; Va- 
cancy. 35: Veto, 26 

Grain Inspectors, 204 

Grand Jury, 46, 56 

Greenbacks, 132 

Guide Meridians, 7 



Habeas Corpus, 142 
Health, State Board of. 199 
Health, Town Board of. 76 
High School Privileges, 104 
High Schools, Township, 100 
Highway Commission, State. 19S 
Highway Commissioners, 74 
Highway Engineer, State, 205 
Historical Library, Trustees of, 

201 
Historical Sketch. State. 1 
Homestead Laws, 33 
Horticultural Society, State, 190 
House of Representatives, Na- 
tional. 11$; Adjournments. 127; 
Bills for Revenue. 122; Congres- 
sional Apportionments, 120; 
Congressmen at Large. 120; 
Disabilities. 128; Duties. 129, 
143: Eligibility of Members, 119; 
Impeachment. 122; Journals, 
127; Meetings. 126; Membership, 
126; Oath. 128; Officers, 122; 
Powers, 128. 140; Privileges, 127; 
Quorum. 126: Rules. 127; Sala- 
ries, 127; Taxes. 129, 143; Va- 
cancies, 121; Yeas and Nays. 127 
House of Representatives, State. 
13-33 

I 

Illinois and Michigan Canal, 187 
Illinois Central Railroad, 1S6 
Illinois Territory, 1 



286 



INDEX 



Impeachment, 30, 122, 125 
Incorporated Towns, 52 
Indiana Territory, 1 
Indictment by Grand Jury, 168 
Industrial Board, 201 
Initiative, 87 
Institute, Farmers', 183 
Institutes, Teachers', 95 
Insurance Superintendent, 203 
Interior, Department of, 163 
Interstate Commerce Commission, 
133 

J 

Judicial Circuits, 171, 208, 214 

Judicial Department, National, 165 

Judicial Districts, 171, 208 

Judicial Power, 165 

Jury Trial, 167 

Justice, Department of, 162 

Justices of the Peace, 77 



Labor, Commissioners of, 197 
Labor, Department of, 164 
Lakes and Rivers Commission, 198 
Land, How Described, 8 
Land, How Divided, 4 
Legislative Department, National, 

118 
Legislative Department, State, 13 
Lieutenant-Governor, 37 
Limitations of the States, 174 
Lincoln Homestead Trustees, 189 
Lincoln Monument Commission- 
ers, 189 
Live Stock Commissioners, 197 
Lotteries, 32 



M 



Maps, Illinois, 211, 212, 213, 214 

Mayor, 80 

Meridians, Guide, 7 

Message, President's, 156 

Militia, 110. 139 

Mine Rescue Station Commission, 

196 
Miners' Examining Board, 195 
Mining Board, State, 195 



Mining Investigation Commission, 

196 
Ministers, 159 
Minority Representation, 15 



N 



National Conventions, 149 

National Government, 116 - 179; 
Army, 138; Congress, 118; Ex- 
ecutive Department, 145; His- 
torical Sketch, 116; House of 
Representatives, 118;. Judicial 
Department, 165 ; Legislative 
Department, 118; Navy; 138; 
President, 145; Senate, 123; Su- 
preme Court, 169 

Naturalization, 134 

Navy, Department of, 162 

Navy, United States, 138 

Normal Schools, 181 

Northwest Territory, 1 

Notaries Public, 115, 206 

Nurse Examiners, State Board of, 
202 



Pardons, 37, 152 

Pardons, State Board of, 200 

Park Commission, Illinois, 201 

Patents, 137 

Personal Rights, 166, 175, 177 

Petit Jury, 46, 56 

Pharmacy, Board of, 199 

Piracy, 137 

Police Magistrates, 82 

Policemen, City, 83 

Population of Counties, 211 

Post Office Department, 162 

Post Offices and Post Roads, 136 

President, The, 145; Advisory 
Vote, 150; Appointments, 153; 
Cabinet, 164; Electoral System, 
149; Eligibility, 150; How Chos- 
en, 146; Message, 156; National 
Conventions, 149; Oath, 152; 
Pardons, 152; Salary, 165; Suc- 
cession, 151; Veto, 156 

Prevention of Cruelty to Animals, 
Officers for, 205 

Primary Elections, 69 



INDEX 



287 



Principal Meridian, 4. 8 

Printer Expert, 204 

Prison Industries, Board of. 191 

Probate Court, 62 

Public Administrators, 206 

Public Debt, 177 

Public School System, 90 - 107; 
Boards of Education. 105; 
Branches of Study, 104; Citizen- 
ship. 105; Compulsory Attend- 
ance, 104; County Superintend- 
ent of Public Schools, 94; Ex- 
amining Board. 97; High School 
Privileges. 104; Origin, 90; Re- 
lation to State Government, 91; 
Schedules, 104; School Direc- 
tors, 101; School Districts, 52; 
School Funds, 91; School Town- 
ship, 50; State Superintendent 
of Public Instruction, 92; Teach- 
ers' Institutes, 95; Township 
High Schools. 100; Township 
Treasurer, 100; Trustees of 
Schools, 98 

Public Utilities Commission, State, 
192 



Ranges, 9 
Recall, 88 
Referendum, 87 
Religious Freedom, 145 
Representatives, National, 118 
Representatives, State, 13-33 
Reprieves, 37 
Review, Board of, 74 
Rights, Civil. 144, 175 
Rights of the Citizen, 107 
Rights of the States, 172 
Rights, Personal, 166, 175, 177 
Rivers and Lakes Commission, 198 
Road Tax, 75 



S 



Schools— Boards of education, 105; 
Branches of Study, 104; Citizen- 
ship, 105; Compulsory Attend- 
ance. 104; County Superintend- 
ent of Public Schools. 94: Exam- 



ining Board, 97; High School 
Privileges, 104; Origin, 90; Re- 
lation to State Government, 91; 
Schedules, 104; School Direc- 
tors, 101; School Districts, 52; 
School Funds, 91; School Sec- 
tions. 10; School Township, 50; 
State Superintendent of Public 
Instruction, 92; Teachers' Insti- 
tutes. 95; Township High 
Schools, 100; Township Treas- 
urer, 100; Trustees of Schools, 
98 

Seal of State, 38 

Secretary of State, Illinois, 38 

Secretary of State, National, 158 

Sections, 6, 10 

Senate, State, 13-33 

Senate, United States. 123; Ad- 
journment, 127; Disabilities, 128; 
Duties, 129, 143; Eligibility, 124; 
Journal, 127; Meetings, 126; 
Membership, 126; Oath, 128; 
Officers. 124; Powers, 128, 140; 
Privileges, 127; Quorum, 126; 
Rules, 127; Salaries, 127; Taxes. 
129, 143; Trial of Impeachment, 
125; Yeas and Nays, 127 

Senatorial Districts, 14, 208, 213 

Sheriff, 62 

Slavery, 121. 177 

State Boards and Commissions, 
111, 188 

State Educational Institutions, 
183 

State, Department of, 158 

State Educational Institutions, 
108, 181 

State Government, 13-48; Attor- 
ney-General, 41; Auditor, 39; 
Executive Department, 33; Gen- 
eral Assembly. 13; Governor, 33; 
House of Representatives, 13; 
Impeachment, 30; Judicial De- 
partment, 42; Legislative De- 
partment, 13; Lieutenant-Gover- 
nor, 37; Secretary of State, 38; 
Senate. 13; State House. 33; 
Supreme Court, 42; Treasurer, 
40 

State Legislature, 13-33 



288 



INDEX 



State Penal and Reformatory In- 
stitutions, 109 

State's Attorney, 64 

States, Admission of, 175 

States, Limitations on, 174 

States, Rights of, 172 

Study, Branches of, 104 

Succession, Presidential, 151 

Suffrage, Woman, 69 

Superintendent of Public Instruc- 
tion, State, 92 

Superintendent of Schools, Coun- 
ty, 94 

Supervisors, 71 

Supervisors, Board of, 54 

Supreme Court of Illinois, 42 

Supreme Court of the United 
States, 169 

Survey of Illinois, 9 

Survey System, Township, 4-12 



Township High Schools, 100 
Township Lines, 4 
Township Organization, 51 
Township, School, 50 
Township Survey System, 4, 
Township Treasurer, 100 
Townships, 8, 49 
Townships, Congressional, 5, 
Treason, 168 
Treasurer, State, 40 
Treasury Department, 160 
Treaties, 153 
Trial by Jury, 167 
Trustees of Schools, 9S 
Trustees of Villages, 83 



U 



University of Illinois, 182 



12 



49 



Taxes, 68, 129, 143 
Teachers' Institutes, 95 
Titles of Nobility, 144, 175 
Town Government, 66-78; Asses- 
sor, 73; Board of Health, 76; 
Board of Review, 74; Board of 
Town Auditors, 76; Clerk, 66, 
72; Collector, 74; Constables, 
78; Executive Department, 71; 
Funds, 71; Highway Commis- 
sioners. 74; Judicial Depart- 
ment. 76; Justices of Peace, 77; 
Legislative Department, 66; 
Meeting, 66, 71; Primary Elec- 
tions, 69; Supervisors, 71; 
Taxes, 68; Votes, 69; "Woman 
Suffrage, 69 
Towns, 50 
Towns, Incorporated, 52 



Veto, Governor's, 26 
Veto, President's, 156 
Veterinarian, State, 204 
Village and City Government, 79- 

83 
Villages, 53, 83 
Voters, 69 
Voters, Duties of, 106 

W 

Wardens, 193 
War, Department of, 161 
War, Power to Declare, 137 
Weigh -Masters, State, 194 
Weights and Measures, 136 
Woman Suffrage, 69 



Yeas and Nays, 23, 127 



THE following pages contain advertisements of 
other publications of A. Flanagan Company 



STARVED ROCK 



A Chapter of Colonial History 

By 
EATON G. OSMAN 

The purchase of Starved Rock by the State of Illinois, makes this 
history of the famous site peculiarly timely. This volume, now 
revised and enlarged, is the only continuous narrative of the history 
of the "Rock of St. Louis" and the most important period of western 
colonial history. 

The story is complete in all essential details and particulars, but 
condensed into readable compass, making it particularly suitable for 
school reading on the early Illinois history. It is also of interest 
to the general reader who wants to know why Starved Rock really 
is a great historical site worthy of preservation by the State of 
Illinois. 

For the student there are ample notes as a guide to more detailed 
reading; there are pictures of local scenery and of specially notable 
localities; reproductions of old maps and rare engravings; portraits 
of Marquette and La Salle; signatures of actors in the story; as 
well as a map of the West during the period covered by the narrative 
and one of the present environs of the Rock. 

The story is the fruit of laborious study and collation of all the 
foundation sources of information and is told in a manner both 
fascinating and graphic. It presents the history of Starved Rock 
in an entirely new aspect, giving it a prominence in the great Franco- 
English struggle for the possession of North America that has never 
hitherto been pointed out. It dignifies the Rock as a historical site 
of national, even international importance. 

A HANDSOME BOOK. 

Cloth, 206 pages, revised and enlarged, profusely illustrated. 
Price. 50 cents. 



A. FLANAGAN COMPANY CHICAGO 



THE MAKING OF ILLINOIS 



A History of the State 

By 

IRWIN F. MATHER, A.M., 

Formerly Superintendent of Schools, Centralia, Illinois 

This is a history of Illinois from the earliest records to the present 
time. It is not technical, but is a bright and interesting story of the 
growth of our state. 

The author takes us through the periods of discovery, exploration, 
settlement, and development, relating many interesting incidents that 
marked the rise of the commonwealth. 

Many of our boys and girls are ignorant of the history of their 
state. If they knew of the hardships of the early explorer and pioneer, 
of the steps of development, of the parts, functions, and powers of the 
state, they would appreciate more fully the blessings they enjoy. 
They obtain this knowledge readily from "The Making of Illinois." 

Contents: The Indians, Kaskaskia and the Early French, Fort 
Chatres and the British, La Salle, Joliet, Marquette, Rangers, Pioneers, 
Old Fort Dearborn, Abraham Lincoln, Illinois in the Civil War, 
Chicago, etc. 

Recommended by educators throughout the state as the best his- 
tory of Illinois for supplementary reading, the library, or the home. 

Cloth, 278 pages, Illustrations, Maps, and Charts, 50 cents. 



A. FLANAGAN COMPANY CHICAGO 



A LIBRARY OF TRAVEL 



The Little Journeys Series 



For Grades 5-8. Nineteen uniform volumes. 

These charming books of reliable, up-to-date information, are an 
acknowledged superior series of geographical readers. They furnish 
a unique and vivid portrayal of each country in discriminating and 
attractive language well within the range and comprehension of chil- 
dren of the intermediate and upper grades. 

We learn of the climate and size of countries visited in compari- 
son with that of our own; of the habits, customs and conditions of 
the people as seen in their homes and daily occupations; their dress, 
manner of living, their personal appearance and manners; the scenery 
and natural features of the country; its commerce and industries, etc. 
And the descriptions are interspersed with historic and literary allu- 
sions that add to the interest. National songs (words and music) 
and vocabularies of proper and typical names are also given. The 
scores of handsome pictures help to make the reading-matter more 
effective. 

Each book is to one or more different countries and contains 
from 160 to 240 pages, with colored maps, colored flags, and from 
60 to 80 illustrations. Complete alphabetical index. 

The books have been selected for use by State Library Boards 
and Reading Circles, adopted as supplementary readers in most of 
our largest cities, and have received the enthusiastic support of teach- 
ers and superintendents everywhere. 

The following volumes have been issued: 

Alaska and Canada Northern Wilds (of America) 

China and Japan Norway and Sweden 

Cuba and Porto Rico ^^^L^rSX* 

■c>~~i n „A o«^ -wroioo Scotland and Ireland 

England andWJes South Africa and u the Eagt Coast 

France and Switzerland Turkey, The Balkans and Greece 

Germany Our Western Wonderland (California) 

Hawaii and the Philippines Throughout the Great Southwest (of U.S.) 

Holland. Belgium and Denmark Some Strange Places and Peoples in Our 

Italy, Spain and Portugal Southwestern Land (New Mexico and 

Mexico and Central America Arizona) 

The books are handsomely bound in uniform cloth editions, size 
5^4x7% inches. Price, per volume, 50 cents. 



A. FLANAGAN COMPANY CHICAGO 



Elementary Agriculture 

By 

WILLIAM L. NIDA, 

Superintendent of Schools, River Forest, Illinois 



LANGUAGE 

The language is simple in style and very readable. All difficult tech- 
nical terms have been eliminated. This is a feature which has been 
praised by critics and educators. 

APPEAL TO THE BOYS AND GIRLS 

Young people read the book, not as a set task or grinding lesson, 
but out of pure interest in life on the farm. 

THE FIELD COVERED 

There are chapters on all the farm animals; on birds, bees, and in- 
sects, on soil, the chief farm crops, and gardening; on fruit canning, 
farm sanitation, and country roads. The book touches farm life at 
every interesting and vital point. It covers a wider field than any 
other text. 

NEW FEATURES 

There are no more important matters of country life than farm 
sanitation and country roads. These chapters are comprehensive and 
stimulating. They teach vital lessons in citizenship. 

ILLUSTRATIONS 

The many illustrations are the best obtainable. They have their 
true teaching value and purpose. They really illustrate the subject 
and drive home the lesson desired. 

EDITIONS 

Student's Edition, 12mo, 260 Pages, Cloth, 60 cents. 
Teacher's Edition, 412 Pages, Questions and Answers, Cloth, $1.00. 



A. FLANAGAN COMPANY CHICAGO 



J 



Government of . 
Illinois. 



1. Departments. 



1. Legislative (General Assembly.) 



1. President (Lieutenant Governor./ 

2. Secretary. 

3. Committees. 



2. Executive. 



3. Judicial. 



I. Counties. 



Cities and 
Villages. 



2. House of Representatives. 



1. Speaker. 

2. Clerk. 

3. Committees. 



1. Governor. 



1. State Boards appointed with consent of Senate. 

2. State Educational, Charitable and Penal Institutions 

3. State Officers appointed with consent of Senate. 
Lieutenant Governor. 

Secretary of State. 

Auditor. 

Treasurer. 

Superintendent of Public Instruction. 

Attorney General. • 

Supreme Court. 
Appellate Courts. 
Circuit Courts. 
Court of Claims. 



Legislative 
Department. 



Executive 
Department. 



Judicial 
Department. 



Legislative 
Department. 



Executive 
Department. 



Judicial 
Department. 

Legislative 
Department. 



Executive 
Department. 



Judicial 
Department. 



| 1. Board of Supervisors or County Commissioners. 

f 1. County Clerk. 

i 2 County Treasurer. 

~{ 3. Recorder. (Usually the same as Circuit Clerk.) 

I 4. County Surveyor. 

[. 5. County Superintendent of Schools. 

f 1. County Court. 

I 2. Probate Court (in large counties only.) 

i 3. Sheriff. ^s i / 

I 4. State's Attorney. 

[_ 5. Coroner. 



1. Town Meeting. 

1. Supervisor. 

2. Town Clerk. 

3. Assessor. 

4. Collector. 

5. Highway Commissioners. 

„ ^ I 1. Board of Appointment. 

6. Town Boards. \ 2. Board of Auditors. 

( 3. Board of Health. 

( 1. Justices of the Peace. 

I 2. Constables. 

| 1. City Council or Village Trustees. 



3. School System. 



1. Legislative Department. 



2. Executive Department. 



Judicial Department. 



Mayor or President of Trustees. 

Clerk. 

Treasurer. 

Collector of Assessments. 

Comptroller. (In large Cities.) 

Superintendent of Streets. 

Municipal Court. (Chicago only.) 

City Courts. (In few Cities.) 

Police Magistrate. 

Corporation Council. (Large cities.) 

City Attorney. 

City or Village Marshal. 

General Assembly. (Laws.) 
Boards of Education and Directors. 



(Rules.) 



State Superintendent of Public Instruction. 

Supe 
Township Trustees of Schools. 



County Superintendent of Schools. 



Township Treasurer. 

City and Village School Boards. 

School Directors. 

City Superintendents. 

Principals and Teachers. 



1. The various Courts, Municipal, County and State. 



